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 16:21, 9 August 2021
, 9 August 2021no edit summary
No edit summary |
No edit summary |
||
Line 19: | Line 19: | ||
*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> | ||
Line 33: | Line 34: | ||
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: | ||
<blockquote> a) a person named in an owner’s certificate; or | |||
b) an individual who operates the vehicle described in the owner’s certificate with the consent of the owner; or | |||
c) an individual who operates the vehicle described in the owner’s certificate while being a member of the owner’s household. | |||
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: | ||
<blockquote> a) a person named as an owner in an owner’s certificate; | |||
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.</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. |