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Difference between revisions of "ICBC and Basic Compulsory Autoplan Coverage (12:X)"
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ICBC and Basic Compulsory Autoplan Coverage (12:X) (view source)
Revision as of 16:39, 28 October 2016
, 16:39, 28 October 2016→10. Forfeiture of Claims and Relief from Forfeiture
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*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)); | *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)); | *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. Breach of Conditions and Consequences | Section | *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. Breach of Conditions and Consequences | Section III.B.11. Breaches of Conditions and Consequences]]; | ||
*d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)). | *d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)). | ||
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However, ICBC may relieve the insured from forfeiture under s 75 if said forfeiture would be “inequitable”. Furthermore, ICBC must relieve an insured from forfeiture if: a) it is equitable to do so, and b) the insured dies or suffers a loss of mind or bodily function that renders the insured permanently incapable of engaging in any occupation for wages or profit (IVA, s 19(3)). | However, ICBC may relieve the insured from forfeiture under s 75 if said forfeiture would be “inequitable”. Furthermore, ICBC must relieve an insured from forfeiture if: a) it is equitable to do so, and b) the insured dies or suffers a loss of mind or bodily function that renders the insured permanently incapable of engaging in any occupation for wages or profit (IVA, s 19(3)). | ||
Because there are various definitions of “insured” in the IMVAR (and IVR), the only reasonable interpretation of s 19 (the relief of forfeiture provision discussed above) is that it is to be read broadly to include all of the definitions: see ''Khatkar v ICBC'' (1993), 25 CCL.I. (2d) 243 (BC Prov. Ct.), per Stansfield Prov. Ct. J. | Because there are various definitions of “insured” in the IMVAR (and IVR), the only reasonable interpretation of s 19 (the relief of forfeiture provision discussed above) is that it is to be read broadly to include all of the definitions: see ''Khatkar v ICBC'' (1993), 25 CCL.I. (2d) 243 (BC Prov. Ct.), per Stansfield Prov. Ct. J. | ||
=== 11. Breach of Conditions and Consequences === | === 11. Breach of Conditions and Consequences === | ||