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

ICBC will not indemnify an insured for certain types of damage, including:

*liability directly or indirectly arising out of the operation of attached equipment (i.e. machinery or equipment that is mounted on or attached to the vehicle, and which is not required for the safe operation of that vehicle) at a site where such equipment is operated, unless the attached equipment is used in accordance with the IVR (s 72(2)); or

*under Part 4, 6, 7, or 10 in respect of injury, death, loss or damage arising out of radioactive, toxic, explosive or other hazardous properties of prescribed substances under the Atomic Entergy Contract Act (IVR, s 56(1)(a)); or  

*under IVA, ss 20 (uninsured vehicles) or 24 (hit and run accidents), under IVR, s 49.3 (default of premiums); or

*under Part 7 or Part 10 of the IVR in respect of any injury, death, loss or damage arising, directly or indirectly out of a declared or undeclared war or insurrection, rebellion or revolution (IVR, s 56(1)(b)); or

*under IVA, ss 20 or s 24, under IVR, ss 49 or 49.3(1)(b), Part 6 or Part 10 in respect of punitive or exemplary damages or other similar non-compensatory damages (IVR, s 56(1)(c)); or

*a general or special assessment, penalty or premium, payable under the Workers’ Compensation Act (British Columbia) or similar Act (IVR, s 72.1(1)(a)).

An insured has a duty to report to ICBC mid-term changes, as required by s 9 of the IVR. These changes may result in an increase or decrease in the premiums paid to ICBC. The insured named in the owner’s certificate is obligated to report to an ICBC agent the following:  

*a) any change in the insured’s address within 10 days '''after''' the change;

*b) any acquisition of a substitute vehicle for the vehicle described in the certificate within 10 days '''after''' the acquisition;

*c) any anticipated change in the use of the vehicle described in the certificate to a use to which a different insurance rate applies '''before''' such a change;  

*d) any anticipated change in the territory in which the vehicle described in the certificate is principally used '''before''' such a change; and/or

*e) any change in the location of where the insured vehicle is primarily located when not in use, within 30 days of the change, '''if''' the premium for the vehicle is established on the basis of this location, '''unless''' the vehicle is used for vacation purposes.  

Furthermore, ICBC is not liable to indemnify an insured who, to the prejudice of ICBC, fails to comply with duties outlined in s 73 of the IVR. This section states that an insured:

*a) must promptly give ICBC written notice of any claim made for the accident, including any other insurance held by him or her providing coverage for the accident;

*b) must help secure evidence and information and the attendance of any witnesses;

*c) must cooperate with ICBC in the defence of any action or proceeding, or appeal, taken by ICBC on behalf of the insured;

*d) must allow ICBC to inspect an insured vehicle at any reasonable time;  

*e) must, on receipt of a claim, legal document or correspondence relating to a claim, immediately send a copy to ICBC;

*f) must not voluntarily assume liability or settle any claim except at his or her own cost; and

*g) must not fail to cooperate with ICBC in the investigation, settlement or defence of a claim or action.