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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 04:02, 7 October 2022
, 04:02, 7 October 2022→3. ICBC’s Obligations to the Insured
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In [http://www.canlii.org/en/bc/bcsc/doc/1990/1990canlii3814/1990canlii3814.html?autocompleteStr=fredrikson%20v&autocompletePos=2 ''Fredrikson v Insurance Corporation of British Columbia''], 1990 CanLII 3814 (BCSC), Esson CJ. summarizes the law respecting the insurer’s duty to its insureds in certain areas discussed therein. In this particular case, ICBC acted in good faith, and in a fair and open manner, followed the course the insured wished to take. Among the points raised in the judgment are: | In [http://www.canlii.org/en/bc/bcsc/doc/1990/1990canlii3814/1990canlii3814.html?autocompleteStr=fredrikson%20v&autocompletePos=2 ''Fredrikson v Insurance Corporation of British Columbia''], 1990 CanLII 3814 (BCSC), Esson CJ. summarizes the law respecting the insurer’s duty to its insureds in certain areas discussed therein. In this particular case, ICBC acted in good faith, and in a fair and open manner, followed the course the insured wished to take. Among the points raised in the judgment are: | ||
:i) the exclusive discretionary power of ICBC to settle liability claims places the insured at the mercy of the insurer | :(i) the exclusive discretionary power of ICBC to settle liability claims places the insured at the mercy of the insurer | ||
:ii) this vulnerability imposes duties on the insurer to act in good faith and deal fairly, and to not act contrary to the interests of the insured, or, at least, to fully advise the insured of its intention to do so; | :(ii) this vulnerability imposes duties on the insurer to act in good faith and deal fairly, and to not act contrary to the interests of the insured, or, at least, to fully advise the insured of its intention to do so; | ||
:iii) the insurer’s duty to defend includes the obligation to defend by all lawful means the amount of any judgment awarded against the insured. | :(iii) the insurer’s duty to defend includes the obligation to defend by all lawful means the amount of any judgment awarded against the insured. | ||
See also [http://www.canlii.org/en/bc/bcsc/doc/1991/1991canlii616/1991canlii616.html?autocompleteStr=shea%20v%20ma&autocompletePos=1 ''Shea v Manitoba Public Insurance Corporation''] 1991 CanLII 616 (BCSC), per Finch J. | See also [http://www.canlii.org/en/bc/bcsc/doc/1991/1991canlii616/1991canlii616.html?autocompleteStr=shea%20v%20ma&autocompletePos=1 ''Shea v Manitoba Public Insurance Corporation''] 1991 CanLII 616 (BCSC), per Finch J. | ||