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

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*coverage for damages caused by uninsured or unidentified motorists (Part 8);  
*coverage for damages caused by uninsured or unidentified motorists (Part 8);  
*first party coverage (Part 10). This includes:  
*first party coverage (Part 10). This includes:  
<blockquote>*inverse liability (Division 1 of Part 10); and  
<blockquote>
*inverse liability (Division 1 of Part 10); and  
*underinsured motorist protection (UMP) (Division 2 of Part 10).</blockquote>
*underinsured motorist protection (UMP) (Division 2 of Part 10).</blockquote>


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The definitions of “insured” for this part of the ''IVR'' may be found in ''IVR'', s 63. For our purposes, the most relevant definitions of “insured” are:  
The definitions of “insured” for this part of the ''IVR'' may be found in ''IVR'', s 63. For our purposes, the most relevant definitions of “insured” are:  
*a) a person named in an owner’s certificate; or
<blockquote> a) a person named in an owner’s certificate; or
*b) b) an individual who operates the vehicle described in the owner’s certificate with the consent of the owner; or  
b) an individual who operates the vehicle described in the owner’s certificate with the consent of the owner; or  
*c) c) an individual who operates the vehicle described in the owner’s certificate while being a member of the owner’s household.
c) an individual who operates the vehicle described in the owner’s certificate while being a member of the owner’s household.
*d) d)   where the owner is not an individual,(i) an officer, employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, or (ii) a member of the household of an officer, employee or partner of the owner, who, with the consent of the owner, uses or operates the vehicle described in the owner's certificate.
 
d) where the owner is not an individual,
<blockquote>(i) an officer, employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, or (ii) a member of the household of an officer, employee or partner of the owner, who, with the consent of the owner, uses or operates the vehicle described in the owner's certificate.</blockquote> </blockquote>


=== 3. Extension of Indemnity ===
=== 3. Extension of Indemnity ===


According to IVR, s 65, indemnity is extended to an insured who operates a motor vehicle not described in an owner’s certificate issued to the insured (i.e. someone else’s car).
According to ''IVR'', s 65, indemnity is extended to an insured who operates a motor vehicle not described in an owner’s certificate issued to the insured (i.e. someone else’s car).
For the purposes of s 65 only, “insured” includes the following:
For the purposes of s 65 only, “insured” includes the following:
   
   
*a) a person named as an owner in an owner’s certificate;
<blockquote> a) a person named as an owner in an owner’s certificate;
*b) a member of the owner’s household;
b) a member of the owner’s household;
*c) an employee or partner of the owner, where their regular use of the vehicle described in the owner’s certificate is provided for; and
 
*d) the spouse of an employee or partner described in paragraph (c) where the spouse resides with the employee or partner.
c) an employee or partner of the owner, where their regular use of the vehicle described in the owner’s certificate is provided for; and
d) the spouse of an employee or partner described in paragraph (c) where the spouse resides with the employee or partner.</blockquote>


Note that, absent this expanded definition, “insured” would not otherwise cover a member of the insured’s household operating a vehicle not described in an owner’s certificate issued to the insured.
Note that, absent this expanded definition, “insured” would not otherwise cover a member of the insured’s household operating a vehicle not described in an owner’s certificate issued to the insured.
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