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

Section 80 of IVA provides that if there is an optional insurance contract and any other vehicle insurance (none of which are identified as being issued “in excess” of the others) then each insurer is liable only for the rateable proportion of any loss liability or damage. For example, if Policy A provides coverage up to $100,000 and Policy B Provides coverage of $300,000 and the liability of the insured is assessed at $100,000 then Policy A would pay out $25,000 and Policy B would pay $75,000.  

Policies providing coverage “in excess” will be triggered only if the limit of other insurance coverage is reached. Part 4 of the IVA regulates contracts for excess and optional insurance coverage.  

There is no formal, established claims-handling protocol between ICBC and private excess auto insurers in BC. Absent any express agreements between ICBC and the excess insurer, neither insurer has any control over the other. Therefore, the plaintiff’s counsel should not assume that ICBC is sharing all information and documents with the excess insurer.