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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)
Revision as of 19:46, 17 June 2016
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*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; | *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 | *d) any anticipated change in the territory in which the vehicle described in the certificate is principally used '''before''' such a change; and/or | ||
*e) any change in the location of where the insured vehicle is primarily located when not in use, within 30 days of the change, '''if''' the premium for the vehicle is established on the basis of this location, '''unless''' the vehicle is used for vacation purposes. | |||
Furthermore, ICBC is not liable to indemnify an insured who, to the prejudice of ICBC, fails to comply with duties outlined in s 73 of the IVR. This section states that an insured: | |||
*a) must promptly give ICBC written notice of any claim made for the accident, including any other insurance held by him or her providing coverage for the accident; | |||
*b) must help secure evidence and information and the attendance of any witnesses; | |||
*c) must cooperate with ICBC in the defence of any action or proceeding, or appeal, taken by ICBC on behalf of the insured; | |||
*d) must allow ICBC to inspect an insured vehicle at any reasonable time; | |||
*e) must, on receipt of a claim, legal document or correspondence relating to a claim, immediately send a copy to ICBC; | |||
*f) must not voluntarily assume liability or settle any claim except at his or her own cost; and | |||
*g) must not fail to cooperate with ICBC in the investigation, settlement or defence of a claim or action. | |||
=== 8. Duties of the Corporation === | |||
On receipt of a notice of a claim under Part 6 of the IVR, ICBC must, at its expense, assist the insured by investigating and negotiating a settlement where in its opinion such assistance is necessary, and defend the insured against any action for damages (s 74). | |||
=== 9. Rights of the Corporation === | |||
Upon assuming the defence of an action for damages brought against an insured, ICBC has the right, subject to section 79 of the Act, to the exclusive conduct and control of the defence. This right includes, but is not limited to, the right to appoint and instruct counsel, to admit liability, to negotiate, and/or settle out of court (IVR, s 74.1). | |||
=== 10. Forfeiture of Claims and Relief from Forfeiture === | |||
Certain conduct by the insured or applicant can result in “forfeiture”, whereby the insured is deemed to have given up his or her right to be indemnified by ICBC. In this situation, the claim for indemnification becomes invalid. Apart from exclusions, a claim may be forfeited under s 75 of the IVA if: | |||
*a) an applicant for coverage falsely describes the vehicle for which the application is made to the prejudice of the insurer (s 75(a)(i)); | |||
*b) an applicant for coverage knowingly misrepresents or fails to disclose a fact that was required to be stated in the application (s 75(a)(ii)); | |||
*c) an insured violates a term or condition of or commits a fraud in relation to the plan or the OIC (s 75(b); see [[{{PAGENAME}}#11. Breaches of Conditions and Consequences | Section II.B.11. Breaches of Conditions and Consequences]]; | |||
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