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Difference between revisions of "ICBC and Optional Autoplan Insurance (12:XI)"
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ICBC and Optional Autoplan Insurance (12:XI) (view source)
Revision as of 02:52, 6 August 2017
, 02:52, 6 August 2017reference change IA Regs --> IVR
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(reference change IA Regs --> IVR) |
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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, which states that an insured must not falsely describe the vehicle in respect of which the application is made, misrepresent or fail to disclose in the application a fact required to be stated, violate a term or condition of the insurance contract, or wilfully make a false statement with respect to a claim; | *under s 75 of the ''IVA'', which states that an insured must not falsely describe the vehicle in respect of which the application is made, misrepresent or fail to disclose in the application a fact required to be stated, violate a term or condition of the insurance contract, or wilfully make a false statement with respect to a claim; | ||
*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 | ||
*if any regulation is breach by the insured. For an exhaustive list, see IVR, s 55. | *if any regulation is breach by the insured. For an exhaustive list, see ''IVR'', s 55. | ||
The principal examples of failure to comply with, or breach of, regulations are: | The principal examples of failure to comply with, or breach of, regulations are: | ||
*a) being under the influence of liquor or drugs so as to be incapable of proper control of the vehicle; | *a) being under the influence of liquor or drugs so as to be incapable of proper control of the vehicle; | ||
*b) being convicted for an offence under ss 249, 252, 253, 254, or 255 of the ''Criminal Code''; | *b) being convicted for an offence under ss 249, 252, 253, 254, or 255 of the ''Criminal Code''; | ||
*c) operating a vehicle when not authorized and qualified (IVR, s 55); | *c) operating a vehicle when not authorized and qualified (''IVR'', s 55); | ||
*d) using the vehicle in illicit trade, or to avoid arrest, or other police action (s 55); | *d) using the vehicle in illicit trade, or to avoid arrest, or other police action (s 55); | ||
*e) towing an unregistered, unlicensed trailer (s 55); | *e) towing an unregistered, unlicensed trailer (s 55); | ||
*f) permitting others to breach a condition (s 55); | *f) permitting others to breach a condition (s 55); | ||
*g) using a vehicle in a manner contrary to the insured person’s statement in his or her application for coverage, the result being a form of breach of condition. This happens most commonly in cases where coverage of a vehicle for “pleasure purposes” is applied for, and the vehicle is damaged when in fact being used to take the insured person to or from work (s 55 sets out the specifics); | *g) using a vehicle in a manner contrary to the insured person’s statement in his or her application for coverage, the result being a form of breach of condition. This happens most commonly in cases where coverage of a vehicle for “pleasure purposes” is applied for, and the vehicle is damaged when in fact being used to take the insured person to or from work (s 55 sets out the specifics); | ||
*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) 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 ('' | **(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 (''IVR'', 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. | ||