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Difference between revisions of "Introduction to ICBC Automobile Insurance (12:I)"
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Introduction to ICBC Automobile Insurance (12:I) (view source)
Revision as of 07:08, 12 August 2019
, 07:08, 12 August 2019→B. Application of the Current Legislation, and Transitional Provisions
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== B. Application of the Current Legislation, and Transitional Provisions == | == B. Application of the Current Legislation, and Transitional Provisions == | ||
On June 1, 2007, the | On June 1, 2007, the IVA and accompanying IVR were amended. Transitional provisions in Parts 1, 4, and 5 of the IVA dictate which regime, old or new, will apply to a particular claim (ss 1.2, 58, and 74 respectively). | ||
Generally, it is safe to say that the IVA and the IVR, taken as a whole, apply to: | |||
*Insurance policies under the universal compulsory vehicle insurance plan set out by the Act (the “plan”) that take effect on or after June 1, 2007; | *Insurance policies under the universal compulsory vehicle insurance plan set out by the Act (the “plan”) that take effect on or after June 1, 2007; | ||
*Optional insurance contracts that take effect on or after June 1, 2007; | *Optional insurance contracts that take effect on or after June 1, 2007; | ||
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*Insured persons, and insurers, and ICBC in relation to these insurance plans or contracts. | *Insured persons, and insurers, and ICBC in relation to these insurance plans or contracts. | ||
Claims and parties to the claims in relation to an insurance policy that came into effect before June 1, 2007 will continue to be governed by the old | :'''NOTE:''' TThe critical time to look at is the date on which the individual insurance policy or contract came into effect, or was renewed. | ||
Claims and parties to the claims in relation to an insurance policy that came into effect before June 1, 2007 will continue to be governed by the old IMVA and IMVAR. It is entirely possible for a single accident to trigger the operation of both the old and new Acts simultaneously, (albeit in relation to different aspects of the resultant legal issues). | |||
Although the | Although the IVA and IVR cover both ICBC and private insurer plans, some parts of the Act and Regulation apply only to one or the other. Specifically, the parts of the Act and Regulation that govern ICBC are Parts 1, 5, and 6 of the Act and Parts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 14 of the Regulation. The parts of the Act and the Regulation that govern the private insurers are Parts 4, 5, and 6 of the Act and Parts 13 and 14 of the Regulation. | ||
Furthermore, the | Furthermore, the IVA and IVR apply to both universal mandatory coverage and optional coverage. Part 1 of the IVA applies to ICBC’s mandatory coverage only. Part 4 of the IVA applies to optional coverage. Parts 5 and 6 of the IVA apply to both mandatory coverage and optional coverage. | ||
== C. Seeking Legal Counsel for Your Claim== | == C. Seeking Legal Counsel for Your Claim== | ||