Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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<blockquote> a) an applicant for coverage falsely describes the vehicle for which the application is made to the prejudice of the insurer (s 75(a)(i)); | <blockquote> a) an applicant for coverage falsely describes the vehicle for which the application is made to the prejudice of the insurer (s 75(a)(i)); | ||
b) an applicant for coverage knowingly misrepresents or fails to disclose a fact that was required to be stated in the application (s 75(a)(ii)); | b) an applicant for coverage knowingly misrepresents or fails to disclose a fact that was required to be stated in the application (s 75(a)(ii)); | ||
c) an insured violates a term or condition of or commits a fraud in relation to the plan or the OIC (s 75(b); see [[ICBC and Compulsory Coverage (12:X)|Section X.B.11. Breaches of Conditions and Consequences]]; | c) an insured violates a term or condition of or commits a fraud in relation to the plan or the OIC (s 75(b); see [[ICBC and Compulsory Coverage (12:X)|Section X.B.11. Breaches of Conditions and Consequences]]; | ||
d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)). | |||
d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)).</blockquote> | |||
'''NOTE''': According to [https://www.canlii.org/en/bc/bcsc/doc/1994/1994canlii3304/1994canlii3304.html?autocompleteStr=brooks%20v%20insurance&autocompletePos=3 Brooks v Insurance Corporation of British Columbia], 1994 CanLII 3304 (BC SC), per Bouck J, the purpose of s 19(1)(e) (now ''IVA'', s 75(c)) is to prevent intentionally deceitful misstatements for the purpose of defrauding the insurer; “exaggerated guesses” by an insured as to the value of a lost motor vehicle, or figures inserted for the purpose of goading an insurer into action, are insufficient to deny coverage unless a fraudulent purpose on the part of the insured is shown. | '''NOTE''': According to [https://www.canlii.org/en/bc/bcsc/doc/1994/1994canlii3304/1994canlii3304.html?autocompleteStr=brooks%20v%20insurance&autocompletePos=3 Brooks v Insurance Corporation of British Columbia], 1994 CanLII 3304 (BC SC), per Bouck J, the purpose of s 19(1)(e) (now ''IVA'', s 75(c)) is to prevent intentionally deceitful misstatements for the purpose of defrauding the insurer; “exaggerated guesses” by an insured as to the value of a lost motor vehicle, or figures inserted for the purpose of goading an insurer into action, are insufficient to deny coverage unless a fraudulent purpose on the part of the insured is shown. | ||