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Difference between revisions of "Optional ICBC Insurance (12:XI)"
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Optional ICBC Insurance (12:XI) (view source)
Revision as of 23:23, 4 August 2016
, 23:23, 4 August 2016→e) Forfeiture of Claims and Breach of Conditions
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Apart from exclusions described above, a claim may be forfeited: | Apart from exclusions described above, a claim may be forfeited: | ||
*under s 75 of the IVA | *under s 75 of the IVA; | ||
*under s 169 of the IVR; | *under s 169 of the IVR; | ||
*if certain conditions are breached, including failure of the insured to comply with the IVR; or | *if certain conditions are breached, including failure of the insured to comply with the IVR; or | ||
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*h) failing, without reasonable cause and to the prejudice of ICBC, (i) to make a police report within 48 hours after the discovery of theft, loss, or damage; (ii) to obtain a police case file number; and (iii) to advise ICBC within seven days of making the report to the police of the circumstances of that loss or damage as well as the police case file number (s 136 (a)); and | *h) failing, without reasonable cause and to the prejudice of ICBC, (i) to make a police report within 48 hours after the discovery of theft, loss, or damage; (ii) to obtain a police case file number; and (iii) to advise ICBC within seven days of making the report to the police of the circumstances of that loss or damage as well as the police case file number (s 136 (a)); and | ||
*i) failing, without reasonable cause and to the prejudice of ICBC, to comply with ss 67 or 68 of the MVA, or similar provisions in the law of another Canadian or American jurisdiction, relating to the duties of a driver directly or indirectly involved in an accident (''IA Regulations'' s 136 (b)). | *i) failing, without reasonable cause and to the prejudice of ICBC, to comply with ss 67 or 68 of the MVA, or similar provisions in the law of another Canadian or American jurisdiction, relating to the duties of a driver directly or indirectly involved in an accident (''IA Regulations'' s 136 (b)). | ||
**'''NOTE:''' The ''IA Regulations'', under s 128, sets out the circumstances in which ICBC may enforce a right of recovery against a person who, with the consent of the insured, has the care, custody or control of the insurer’s vehicle. | **'''NOTE:''' The ''IA Regulations'', under s 128, sets out the circumstances in which ICBC may enforce a right of recovery against a person who, with the consent of the insured, has the care, custody or control of the insurer’s vehicle. | ||
==== f) Exceptions to Forfeiture ==== | ==== f) Exceptions to Forfeiture ==== | ||