Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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Insured persons must be careful to abide by the terms and conditions of their plans and OICs. Coverage may be lost if an insured breaches certain conditions, including, but not limited to: | Insured persons must be careful to abide by the terms and conditions of their plans and OICs. Coverage may be lost if an insured breaches certain conditions, including, but not limited to: | ||
b) operating a vehicle when not authorized and/or not qualified to do so by law (''IVR'', s 55(3)(a)); | :(a) failing to comply with s 73 of the ''IVR'', to the prejudice of ICBC [[{{PAGENAME}}#7. Duties of the Insured| See Section X.B.7: Duty of Insured]] | ||
:(b) operating a vehicle when not authorized and/or not qualified to do so by law (''IVR'', s 55(3)(a)); | |||
:(c) using the vehicle in illicit trades, racing, or to escape or avoid arrest or other similar police action (''IVR'', s 55(3)(b), (c) and (d)); | |||
:(d) towing an unregistered and/or unlicensed trailer (''IVR'', s 55(4)); | |||
:(e) using the vehicle for a different purpose than the one declared by the insured in their application for insurance, except as “occasionally” permitted (''IVR'', s 55(2(a)); or | |||
:(f) naming in the owner’s certificate someone as the principal operator of the insured vehicle who is not actually the principal operator (''IVR'', s 75). | |||
:'''NOTE''': When the court determines who the principle driver is, it will consider the entire period covered by the insurance plan: see [https://www.canlii.org/en/bc/bcsc/doc/1981/1981canlii608/1981canlii608.html?resultIndex=1 ''Dehm v Insurance Corporation of British Columbia'', 1981 CanLII 608 (BC SC)]. | |||
'''NOTE''': | |||
Despite any breach of condition by an insured, insurance money is still payable to third parties by ICBC in cases where the insured person was: | Despite any breach of condition by an insured, insurance money is still payable to third parties by ICBC in cases where the insured person was: | ||
:(a) incapable of properly controlling the vehicle because of the influence of alcohol or drugs; | |||
b) convicted under any one of the following sections of the ''Criminal Code'', RSC 1985, c C-46 (see also ''MVA Regulations'', s 28.01 Table 4): | :(b) convicted under any one of the following sections of the ''Criminal Code'', RSC 1985, c C-46 (see also ''MVA Regulations'', s 28.01 Table 4): | ||
:*s 220 (criminal negligence causing death); | |||
*s 220 (criminal negligence causing death); | :*s 221 (criminal negligence causing bodily harm); | ||
*s 221 (criminal negligence causing bodily harm); | :*s 236 (manslaughter); s 249 (dangerous operation of a motor vehicle); | ||
*s 236 (manslaughter); s 249 (dangerous operation of a motor vehicle); | :*s 252(1) (failure to stop at an accident), | ||
*s 252(1) (failure to stop at an accident), | :*s 253 (driving while impaired or with a blood-alcohol level exceeding 80 milligrams per 100 millilitres); | ||
*s 253 (driving while impaired or with a blood-alcohol level exceeding 80 milligrams per 100 millilitres); | :*s 254(5) (refusal or failure to give a breath sample); | ||
*s 254(5) (refusal or failure to give a breath sample); | :*s 255 (impaired driving causing bodily harm or death); | ||
*s 255 (impaired driving causing bodily harm or death); | :*s 259 (4): driving while disqualified; | ||
*s 259 (4): driving while disqualified; | :*a conviction under the Youth Criminal Justice Act (Canada) for any of the above offences; | ||
*a conviction under the Youth Criminal Justice Act (Canada) for any of the above offences; | :*“similar result” or conviction of these offences in a jurisdiction in the U.S.; or | ||
*“similar result” or conviction of these offences in a jurisdiction in the U.S.; or | :*a conviction under ss 95 or 102 of the MVA or similar convictions under another Canadian or American jurisdiction (both concern driving while prohibited); or </blockquote> | ||
*a conviction under ss 95 or 102 of the MVA or similar convictions under another Canadian or American jurisdiction (both concern driving while prohibited); or </blockquote> | :(c) permitting another person to use the insured vehicle in a way that results in a conviction for any of the offences outlined above (IMVA Regulations, s 55). </blockquote> | ||
c) permitting another person to use the insured vehicle in a way that results in a conviction for any of the offences outlined above (IMVA Regulations, s 55). </blockquote> | |||
=== 12. Making a Claim Under Part 6: Procedural Steps and Considerations === | === 12. Making a Claim Under Part 6: Procedural Steps and Considerations === | ||