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Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"

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In the case of a claim made against the insured of an out-of-province insurer, PAUs or licences obligate the out-of-province insurer to:
In the case of a claim made against the insured of an out-of-province insurer, PAUs or licences obligate the out-of-province insurer to:
<blockquote> i) file an appearance in B.C. court;
 
ii) not raise any coverage defence which would not be available to an insurer in B.C. respecting a B.C. insured; and
:(i) file an appearance in B.C. court;
iii) pay any motor vehicle judgment against the insured up to the minimum liability limits required by B.C. (i.e. $200,000).</blockquote>
:(ii) not raise any coverage defence which would not be available to an insurer in B.C. respecting a B.C. insured; and
:(iii) pay any motor vehicle judgment against the insured up to the minimum liability limits required by B.C. (i.e. $200,000).


:'''NOTE:''' Failure by an out-of-province insurer to disclose that it has signed a PAU cannot be grounds for claims of bad faith or negligence ([http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca78/2009bcca78.html?autocompleteStr=pearlman%20v%20amer&autocompletePos=1 ''Pearlman v American Commerce Insurance Co''], 2009 BCCA 78).
:'''NOTE:''' Failure by an out-of-province insurer to disclose that it has signed a PAU cannot be grounds for claims of bad faith or negligence ([http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca78/2009bcca78.html?autocompleteStr=pearlman%20v%20amer&autocompletePos=1 ''Pearlman v American Commerce Insurance Co''], 2009 BCCA 78).
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