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Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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ICBC and Compulsory Coverage (12:X) (view source)
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=== 4. Restrictions on Indemnity === | === 4. Restrictions on Indemnity === | ||
Section 65(2) of the ''IVR'' states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to | Section 65(2) of the ''IVR'' states that if an insured is operating a motor vehicle that is not described in an owner’s certificate issued to them, indemnity is not extended to the insured if: | ||
*the insured is operating the motor vehicle in connection with the business of a garage service operator; | *the insured is operating the motor vehicle in connection with the business of a garage service operator; | ||
*the motor vehicle is owned or regularly operated by the insured; | *the motor vehicle is owned or regularly operated by the insured; | ||
*the motor vehicle is used for carrying passengers for compensation or hire | *the motor vehicle is for commercial use; used for carrying passengers for compensation or hire | ||
<blockquote> *In respect of a TNS-only vehicle operated under a transportation network services authorization, this corporation's exemption applies only if injury or death of another, or loss or damage to property of another, arises out of the operation of the TNS-only vehicle when | <blockquote> *In respect of a TNS-only vehicle operated under a transportation network services authorization, this corporation's exemption applies only if injury or death of another, or loss or damage to property of another, arises out of the operation of the TNS-only vehicle when | ||
<blockquote> (a) the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and | <blockquote> (a) the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and | ||
(b) the insured is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. </blockquote> </blockquote> | (b) the insured is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. </blockquote> </blockquote> | ||
*the motor vehicle is in fact not licensed under the MVA (or similar legislation) and the insured does not have reasonable grounds to believe the motor vehicle is licensed; or | *the motor vehicle is in fact not licensed under the MVA (or similar legislation) and the insured does not have reasonable grounds to believe the motor vehicle is licensed; or | ||
*the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that | *the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that they have the consent of the owner. | ||
Section 77 provides, in part, that an owner seeking to rely on the coverage provided for a vehicle not named in the owner’s certificate cannot do so if | Section 77 provides, in part, that an owner seeking to rely on the coverage provided for a vehicle not named in the owner’s certificate cannot do so if they also own (or lease) the non-described vehicle that has been involved in the accident (i.e. you cannot just insure one vehicle and expect this to cover all of the other vehicles in your fleet). | ||
Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or | Neither garage service operators nor their employees are covered by the owner’s certificate issued for customers’ vehicles while the vehicle is in the care, custody, or control of the garage service operator or their employee for a purpose relating to the business. “Garage service operator” is defined in Part 1 of the ''IVR'' as “the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairman, auto body shop repairman, wrecker operator, and the operator of a vehicle parking or storage facility” (s 57). To offset the effect of s 57, the garage service operator must obtain special coverage pursuant to s 150. | ||
=== 5. What is Covered === | === 5. What is Covered === | ||
