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Search Results for “section 24 insurance vehicle act

Limited Application Provided to ICBC's "Attached Equipment" Exclusion

While ICBC does provide coverage for most tort claims following BC motor vehicle accidents there are certain exclusions to their coverage.  Last week the BC Court of Appeal released useful reasons for judgement addressing the scope of ICBC’s “Attached Equipment” exclusion. In last week’s case (Wormell v. ICBC) the Plaintiff was injured in a 2003 incident […]

Unidentified Motorist Claims and the "Fixed Pie" of ICBC Funds

Reasons for judgement were released this week discussing the division of the limited funds available from ICBC when multiple parties successfully sue ICBC for damages as a result of injuries caused by an unidentified motorist. In today’s case (Thoreson v. ICBC) the Plaintiff and his passenger were injured in a 2002 motorcycle accident near Vernon, […]

More on the "Harsh" Reality of Part 7 Benefits Deductions in ICBC Tort Claims

Two Judgements were recently released by the BC Supreme Court discussing the “harsh” reality of Part 7 Benefits Deductions in ICBC Injury Claims. As previously discussed, if you are entitled to receive Part 7 Benefits under your policy of insurance and don’t pursue these a Defendant who is responsible for injuring you in a BC Motor […]

BC Court of Appeal Gives Broad Interpretation to ICBC's Fire Loss Coverage

Reasons for judgement were released this week by the BC Court of Appeal discussing the extent of ICBC’s comprehensive coverage for vehicle fire damage under the former section 132 of the Insurance (Vehicle) Regulation. In today’s case (Swailes v. ICBC) the Plaintiff leased a Corvette.   The Plaintiff purchased insurance with ICBC which included “comprehensive […]

ICBC Hit and Run Injury Claims: A Detailed Discussion of the "Reasonable Efforts" Obligation

I’ve written many times about ICBC Injury Claims involving unidentified drivers.  In short, individuals injured by unidentified motorists can sue ICBC directly for compensation but there are statutory requirements that need to be complied with to succeed with such a claim.  The most litigated issue in these claims is whether the Plaintiff took “all reasonable […]

ICBC Uninsured Motorist Claims and the Deductibility of WCB Benefits

If a person is injured by the actions of an uninsured motorist in BC they can seek compensation directly from ICBC under section 20 of the Insurance (Vehicle) Act. There are certain limitations to section 20 claims and one of these was that ICBC could deduct Workers Compensation Benefits.  This changed by the new section 106 of the […]

Plaintiff's "Disadvantaged" Financial Circumstances Disentitle ICBC to Costs

There have been many cases dealing with “the relative financial circumstances of the parties” focussing on whether a Defendant is insured in deciding the costs consequences after trials with formal settlement offers. (The BC Court of Appeal weighed in on this issue earlier this year deciding insurance can in fact be considered).  There have not, however, […]

ICBC's Hit and Run Appeal "Doomed to Failure"

Reasons for judgement were released today by the BC Court of Appeal dismissing ICBC’s appeal of judgment finding them liable for injuries caused during a 2004 “gas and dash” incident. In today’s case (Nayar v. ICBC) the Plaintiff was the owner of a gas station.  An unknown motorist fuelled her vehicle and attempted to drive away […]