ICBC has a lot of power when processing claims. But it is not unlimited. This week reasons for judgement were published by the Civil Resolution Tribunal reigning in some of the power ICBC thought they had.
In the recent case (Nawa v. ICBC) the Applicant was involved in two collisions. A benefits dispute arose with ICBC with the Applicant claiming, among other things, that ICBC wrongfully suspended the payment of his income replacement benefits.
ICBC argued they were entitled to do so because he did not comply with section 11 of the Insurance (Vehicle) Act. This section requires an insured to give ICBC “the content required by the corporation” and further to “comply with any other method of making and proving claims that is established by the corporation.“.
ICBC argued that the insured failed to provide them all the financial information they wanted including his tax records from up to two years prior to his crash.
The CRT found ICBC was wrong to suspend the benefits and noted that while the legislation is broad and gives ICBC the power to request a lot of information they can’t get everything just because they want it. They are restrained to information that is “necessary and material” for the insured to make or prove their claim.
In ordering ICBC to reinstate the benefit and finding their powers for information do have limits Tribunal Member Alison Wake provided the following reasons: