ICBC and Basic Compulsory Autoplan Coverage (12:X): Difference between revisions
From Clicklaw Wikibooks
ICBC and Basic Compulsory Autoplan Coverage (12:X) (view source)
Revision as of 19:37, 17 June 2016
, 17 June 2016no edit summary
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) No edit summary |
||
| Line 60: | Line 60: | ||
*a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part; | *a) “reasonable” emergency medical aid, so long as reimbursement is not provided to the insured by another insurer or under another Part; | ||
*b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies); | *b) emergency equipment or supplies provided to the insured (i.e. fire extinguishers, jacks or other necessary emergency equipment or supplies); | ||
*c) all or some (depending upon the circumstances) of the costs taxed against the insured in an action, in accordance with the British Columbia Supreme Court Rules, BC Reg 221/90 for aggregated general and specific damages; and | |||
*d) the pre-judgment interest under the ''Court Order Interest Act'', RSBC 1996, c 79 or analogous legislation of another jurisdiction on that part of the judgment, and pay post-judgment interest under the ''Interest Act'', RSC 1985, c I-15 or analogous legislation of another jurisdiction on that part of the judgment, both within the limits set out in s 1 of Schedule 3 (IVR). | |||
=== 6. What is Not Covered === | |||
ICBC will not indemnify an insured for certain types of damage, including: | |||
*loss or damage to property carried in or on a vehicle owned, rented or in the care, custody or control of an insured (s 72.1); or | |||
*liability directly or indirectly arising out of the operation of attached equipment i.e. machinery or equipment that is mounted on or attached to the vehicle, and which is not required for the safe operation of that vehicle) at a site where such equipment is operated, unless the attached equipment is used in accordance with the IVR (s 72(2)); or | |||
*under Part 4, 6, 7, or 10 in respect of injury, death, loss or damage arising out of radioactive, toxic, explosive or other hazardous properties of prescribed substances under the ''Atomic Entergy Contract Act'' (IVR, s 56(1)(a)); or | |||
*under IVA, s 20 (uninsured vehicles), s 24 (hit and run accidents), s 49.3 (default of premiums), Part 7 or Part 10 in respect of any injury, death, loss or damage arising, directly or indirectly out of a declared or undeclared war or insurrection, rebellion or revolution (IVR, s 56(1)(b)) | |||
*under IVA, s 20, s 24, s 49, s 49.3(1)(b), Part 6 or Part 10 in respect of punitive or exemplary damages or other similar non-compensatory damages (IVR, s 56(1)(c)). | |||
*a general or special assessment, penalty or premium, payable under the ''Workers’ Compensation Act'' or similar Act (IVR, s 72.1(1)(a)). | |||
=== 7. Duties of the Insured === | |||
An insured has a duty to report to ICBC mid-term changes, as required by s 9 of the IVR. These changes may result in an increase or decrease in the premiums paid to ICBC. The insured named in the owner’s certificate is obligated to report to an ICBC agent the following: | |||
*a) any change in the insured’s address within 10 days '''after''' the change; | |||
*b) any acquisition of a substitute vehicle for the vehicle described in the certificate within 10 days '''after''' the acquisition; | |||
*c) any anticipated change in the use of the vehicle described in the certificate to a use to which a different insurance rate applies '''before''' such a change; | |||
*d) any anticipated change in the territory in which the vehicle described in the certificate is principally used '''before''' such a change; and/or | |||
