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

From Clicklaw Wikibooks
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=== 10. Forfeiture of Claims and Relief from Forfeiture ===
=== 10. Forfeiture of Claims and Relief from Forfeiture ===


Certain conduct by the insured or applicant can result in “forfeiture”, whereby the insured is deemed to have given up his or her right to be indemnified by ICBC.  In this situation, the claim for indemnification becomes invalid.  Apart from exclusions, a claim may be forfeited under s 75 of the ''IVA'' if:
Certain conduct by the insured or applicant can result in “forfeiture”, whereby the insured is deemed to have given up their right to be indemnified by ICBC.  In this situation, the claim for indemnification becomes invalid.  Apart from exclusions, a claim may be forfeited under s 75 of the ''IVA'' if:
<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));