Difference between revisions of "ICBC and Compulsory Coverage (12:X)"

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=== 4. Restrictions on Indemnity ===

Section 65(2) of the IVR states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to him or her, indemnity is not extended to the insured if:

Section 65(2) of the ''IVR'' states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to him or her, indemnity is not extended to the insured if:

*the insured is operating the motor vehicle in connection with the business of a garage service operator;

*the motor vehicle is owned or regularly operated by the insured;

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Section 77 provides, in part, that an owner seeking to rely on the coverage provided for a vehicle not named in the owner’s certificate cannot do so if he or she also owns (or leases) the non-described vehicle that has been involved in the accident (i.e. you cannot just insure one vehicle and expect this to cover all of the other vehicles in your fleet).

Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or his or her employee for a purpose relating to the business. “Garage service operator” is defined in Part 1 of the IVR as “the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairman, auto body shop repairman, wrecker operator, and the operator of a vehicle parking or storage facility” (s 57). To offset the effect of s 57, the garage service operator must obtain special coverage pursuant to s 150.

Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or his or her employee for a purpose relating to the business. “Garage service operator” is defined in Part 1 of the ''IVR'' as “the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairman, auto body shop repairman, wrecker operator, and the operator of a vehicle parking or storage facility” (s 57). To offset the effect of s 57, the garage service operator must obtain special coverage pursuant to s 150.

=== 5. What is Covered ===

In addition to the legal liability coverage (i.e. s 65 indemnification) outlined above, IVR ss 67 and 69 states that ICBC may also pay for:

In addition to the legal liability coverage (i.e. s 65 indemnification) outlined above, ''IVR'' ss 67 and 69 states that ICBC may also pay for:

*a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part;

<blockquote> a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part;

*b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies);

b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies);

*c) all or some (depending upon the circumstances) of the costs taxed against the insured in an action, in accordance with the Supreme Court Civil Rules, BC Reg 56/2019 for aggregated general and specific damages; and

c) all or some (depending upon the circumstances) of the costs taxed against the insured in an action, in accordance with ''the Supreme Court Civil Rules'', BC Reg 56/2019 for aggregated general and specific damages; and

*d) the pre-judgment interest under the Court Order Interest Act, RSBC 1996, c 79 or analogous legislation of another jurisdiction on that part of the judgment, and pay post-judgment interest under the Interest Act, RSC 1985, c I-15 or analogous legislation of another jurisdiction on that part of the judgment, both within the limits set out in s 1 of Schedule 3 (IVR).

d) the pre-judgment interest under the ''Court Order Interest Act'', RSBC 1996, c 79 or analogous legislation of another jurisdiction on that part of the judgment, and pay post-judgment interest under the Interest Act, RSC 1985, c I-15 or analogous legislation of another jurisdiction on that part of the judgment, both within the limits set out in s 1 of Schedule 3 (''IVR''). </blockquote>

=== 6. What is Not Covered ===

@@ Line 62: / Line 62: @@
 === 4. Restrictions on Indemnity ===
-Section 65(2) of the IVR states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to him or her, indemnity is not extended to the insured if:
+Section 65(2) of the ''IVR'' states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to him or her, indemnity is not extended to the insured if:
 *the insured is operating the motor vehicle in connection with the business of a garage service operator;
 *the motor vehicle is owned or regularly operated by the insured;
@@ Line 72: / Line 72: @@
 Section 77 provides, in part, that an owner seeking to rely on the coverage provided for a vehicle not named in the owner’s certificate cannot do so if he or she also owns (or leases) the non-described vehicle that has been involved in the accident (i.e. you cannot just insure one vehicle and expect this to cover all of the other vehicles in your fleet).
-Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or his or her employee for a purpose relating to the business. “Garage service operator” is defined in Part 1 of the IVR as “the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairman, auto body shop repairman, wrecker operator, and the operator of a vehicle parking or storage facility” (s 57). To offset the effect of s 57, the garage service operator must obtain special coverage pursuant to s 150.
+Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or his or her employee for a purpose relating to the business. “Garage service operator” is defined in Part 1 of the ''IVR'' as “the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairman, auto body shop repairman, wrecker operator, and the operator of a vehicle parking or storage facility” (s 57). To offset the effect of s 57, the garage service operator must obtain special coverage pursuant to s 150.
 === 5. What is Covered ===
-In addition to the legal liability coverage (i.e. s 65 indemnification) outlined above, IVR ss 67 and 69 states that ICBC may also pay for:
+In addition to the legal liability coverage (i.e. s 65 indemnification) outlined above, ''IVR'' ss 67 and 69 states that ICBC may also pay for:
-*a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part;
+<blockquote> a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part;
-*b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies);
+b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies);
-*c) all or some (depending upon the circumstances) of the costs taxed against the insured in an action, in accordance with the Supreme Court Civil Rules, BC Reg 56/2019 for aggregated general and specific damages; and
+c) all or some (depending upon the circumstances) of the costs taxed against the insured in an action, in accordance with ''the Supreme Court Civil Rules'', BC Reg 56/2019 for aggregated general and specific damages; and
-*d) the pre-judgment interest under the Court Order Interest Act, RSBC 1996, c 79 or analogous legislation of another jurisdiction on that part of the judgment, and pay post-judgment interest under the Interest Act, RSC 1985, c I-15 or analogous legislation of another jurisdiction on that part of the judgment, both within the limits set out in s 1 of Schedule 3 (IVR).
+d) the pre-judgment interest under the ''Court Order Interest Act'', RSBC 1996, c 79 or analogous legislation of another jurisdiction on that part of the judgment, and pay post-judgment interest under the Interest Act, RSC 1985, c I-15 or analogous legislation of another jurisdiction on that part of the judgment, both within the limits set out in s 1 of Schedule 3 (''IVR''). </blockquote>
 === 6. What is Not Covered ===

Difference between revisions of "ICBC and Compulsory Coverage (12:X)"

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