Court Directs Early UMP Payment Noting "The Application of Law Should Not Be Blind to Practical Solutions"

Reasons for judgement were released by the BC Supreme Court, Kelowna Registry, creating a practical solution to a real world problem, getting a judgement paid in the face of ongoing claims which may exceed a Defendant’s coverage.
In this week’s case (Clark v. Bullock) the Plaintiff along with other individuals were injured in a serious collision.  The Plaintiff’c claim proceeded to trial and damages of $550,000 were assessed.  The Defendant’s had $5,000,000 of liability coverage however, there were ongoing claims involving injured infants and there was “a real and legitimate concern that there may not be sufficient coverage” to pay all the claims.
The Plaintiff had Underinsured Motorist Protection however a practical difficulty arose in that those funds could not be forced to be paid until it can be proven the Defendant’s were underinsured.  In this case that could have taken many years as the infants claims were not yet ready to be quantified.  This left the 67 year old plaintiff facing a real possibility that he could not receive payment on his judgement for a number of years.  The Court, with the consent of the parties, fashioned a sensible solution and ordered that the money be paid via the UMP policy even though it technically was not accessible at this time.  Mr. Justice Betton provided the following sensible reasons:
 
[23]         In this particular case, ICBC determined that it would waive the entitlement that it has by virtue of the legislation to require that Mr. Clark exhaust all of his remedies, including awaiting the payment of his pro rata entitlement to the $5,000,000 coverage under the Bullock policy; that is, ICBC would waive its entitlement to insist on all of those steps being taken before accessing the underinsured motorist protection coverage.
[24]         The condition it attaches is that it requires a declaration from court that would protect it against the potential for having to pay out more than the amount of the Bullock policy.
[25]         With that concession or that position being adopted by ICBC, these parties come before me with a request for a declaration. That declaration essentially allows ICBC to access the underinsured motorist protection coverage available to Mr. Clark to pay the amount that Justice Barrow has determined Mr. Clark is entitled to with adjustments as agreed to by the parties….
[30]         In my view, the interpretation of the statutes and the application of the law should not be blind to practical solutions when parties, fully cognizant of their rights and entitlement, present such a proposal. The court should make efforts to facilitate that, so long as it is not running afoul of legislation or established legal precedent, and does not prejudice parties who would have an interest in the pool of funds that they would have available to them.
[31]         I am satisfied in these circumstances that, indeed, this arrangement is in the interests of both Mr. Clark and the Insurance Corporation of British Columbia, the applicants before me, and it does not prejudice or adversely affect the rights of the other entities, all of whom have been served with notice of this application and have chosen not to participate.
[32]         The only other entity which is not a party that may, in a general sense, have an interest in this type of situation would be the Public Guardian and Trustee who, through its statutory obligation, has an interest in protecting infants in this type of context.
[33]         I should say as well that all of those other parties are represented by counsel. No interested party in this matter is self-represented or unrepresented.
[34]         I have chosen and determined not to require that there be any notice to the Public Guardian and Trustee, or that it be served with this application, because I am satisfied that the declaration which I will be making does not adversely affect the infants who are plaintiffs in separate proceedings arising out of this collision. They will still have full access to their proportionate shares of the insurance policy limits of the Bullocks.
[35]         Accordingly, I will make the declaration.

bc injury law, Clark v. Bullock, ICBC Underinsured Motorist Protection, Mr. Justice Betton

Comments (53)

  • I am really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Anyway keep up the nice quality writing, it is rare to see a great blog like this one today..

  • Heya i am for the first time here. I found this board and I find It truly useful & it helped me out much. I hope to give something back and aid others like you helped me.

  • I like what you guys are up also. Such intelligent work and reporting! Carry on the superb works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂

  • Normally I do not read article on blogs, however I would like to say that this write-up very forced me to take a look at and do it! Your writing style has been amazed me. Thanks, very nice post.

  • Hi there, just became aware of your blog through Google, and found that it’s truly informative. I am going to watch out for brussels. I’ll be grateful if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  • An impressive share, I simply given this onto a colleague who was doing just a little analysis on this. And he in actual fact purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love reading extra on this topic. If possible, as you turn out to be experience, would you thoughts updating your weblog with extra details? It is highly useful for me. Huge thumb up for this blog publish!

  • What i do not understood is actually how you’re not actually much more well-liked than you may be right now. You’re very intelligent. You realize thus significantly relating to this subject, produced me personally consider it from so many varied angles. Its like women and men aren’t fascinated unless it is one thing to accomplish with Lady gaga! Your own stuffs excellent. Always maintain it up!

  • Hi, i feel that i noticed you visited my weblog so i came to “go back the choose”.I’m trying to to find things to improve my website!I suppose its adequate to make use of some of your ideas!!

  • After study just a few of the weblog posts on your web site now, and I actually like your way of blogging. I bookmarked it to my bookmark website listing and shall be checking back soon. Pls try my web site as properly and let me know what you think.

  • I’m impressed, I must say. Actually not often do I encounter a weblog that’s each educative and entertaining, and let me let you know, you might have hit the nail on the head. Your idea is outstanding; the issue is something that not sufficient individuals are speaking intelligently about. I am very glad that I stumbled across this in my seek for something relating to this.

  • Excellent read, I just passed this onto a colleague who was doing a little research on that. And he just bought me lunch as I found it for him smile Therefore let me rephrase that: Thanks for lunch!

  • Hello, Neat post. There’s an issue together with your website in internet explorer, could test this… IE nonetheless is the market chief and a good portion of other people will miss your great writing due to this problem.

  • Rendered her for put improved concerns his. Ladies bed wisdom theirs mrs men months set. Everything so dispatched as it increasing pianoforte. Hearing now saw perhaps minutes herself his. Of instantly excellent therefore difficult he northward. Joy green but least marry rapid quiet but. Way devonshire introduced expression saw travelling affronting. Her and effects affixed pretend account ten natural. Need eat week even yet that. Incommode delighted he resolving sportsmen do in listening.

  • When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several e-mails with the same comment. Is there any way you can remove people from that service? Cheers!

  • You really make it seem so easy along with your presentation but I find this topic to be really one thing which I feel I’d by no means understand. It kind of feels too complicated and very vast for me. I am having a look ahead in your next publish, I will try to get the hold of it!

  • I have learn some just right stuff here. Certainly value bookmarking for revisiting. I wonder how much attempt you place to create this sort of magnificent informative website.

  • I just couldn’t depart your site before suggesting that I really enjoyed the standard information a person provide for your visitors? Is going to be back often to check up on new posts

  • Hi there, I found your blog by the use of Google while looking for a comparable matter, your website got here up, it looks great. I have bookmarked it in my google bookmarks.

  • Unquestionably consider that that you said. Your favorite reason appeared to be at the internet the simplest factor to understand of. I say to you, I certainly get irked at the same time as folks consider worries that they plainly don’t recognise about. You managed to hit the nail upon the top as smartly as outlined out the whole thing with no need side-effects , other folks could take a signal. Will likely be back to get more. Thank you

  • It’s appropriate time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I want to suggest you some interesting things or advice. Perhaps you can write next articles referring to this article. I want to read even more things about it!

  • I have been surfing online more than 3 hours today, yet I by no means found any fascinating article like yours. It’s beautiful price enough for me. In my view, if all webmasters and bloggers made excellent content as you probably did, the net might be a lot more helpful than ever before.

  • Hey there! I could have sworn I’ve been to this website before but after reading through some of the post I realized it’s new to me. Anyhow, I’m definitely happy I found it and I’ll be book-marking and checking back often!

  • I have been surfing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • I’m so happy to read this. This is the type of manual that needs to be given and not the accidental misinformation that is at the other blogs. Appreciate your sharing this greatest doc.

  • This site is known as a walk-through for the entire data you wanted about this and didn’t know who to ask. Glimpse here, and you’ll undoubtedly discover it.

  • My brother recommended I might like this blog. He was entirely right. This post truly made my day. You cann’t believe simply how a lot time I had spent for this information! Thank you!

  • hello there and thank you for your information – I have certainly picked up anything new from right here. I did however expertise a few technical issues using this site, since I experienced to reload the web site a lot of times previous to I could get it to load properly. I had been wondering if your web host is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and could damage your quality score if ads and marketing with Adwords. Well I am adding this RSS to my e-mail and could look out for a lot more of your respective fascinating content. Ensure that you update this again very soon..

  • fantastic post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am sure, you’ve a great readers’ base already!

  • Thanks so much for giving everyone a very spectacular possiblity to read in detail from this web site. It really is very cool and also full of a lot of fun for me personally and my office colleagues to search your web site nearly 3 times in a week to read through the newest guidance you will have. And indeed, I’m so actually fulfilled with the exceptional opinions you give. Certain two facts on this page are truly the finest we’ve had.

  • I’ll right away grasp your rss feed as I can’t in finding your email subscription hyperlink or newsletter service. Do you’ve any? Kindly let me understand so that I may subscribe. Thanks.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer