lawsuit vs ICBC car insurance dispute

郭国汀 · 发表于 10/30/2020 19:37:18

Insurance Act section 77 (2)Rights of insurer

77

(2)Without limiting section 93.1 and in addition to any other remedy, if an insurer has paid an amount to a person under section 76 by way of settlement or otherwise, that it would not otherwise be liable to pay, and has personally delivered or forwarded by registered mail to the last known address of the insured a demand for reimbursement of that amount, the insured is liable to reimburse the insurer that amount, and the insurer may enforce the right by action in court.

Corporation's collection remedies

93.1 (1)In this section:

"convicted" includes

(a)being found guilty, whether under the Youth Criminal Justice Act (Canada) or, before April 1, 2003, under the Young Offenders Act (Canada), as it then was, of contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, and

(b)convicted or subject to a similar result in a jurisdiction of the United States of America under a law similar to the Youth Criminal Justice Act (Canada) for contravening a provision of the law of that jurisdiction that is similar to

(i)section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, or

(ii)section 224 or 226 of the Motor Vehicle Act;

"fine indebtedness" means the indebtedness referred to in paragraph (f) of the definition of "vehicle indebtedness";

"vehicle indebtedness" means

(a)money owing to the corporation in respect of premiums and related fees, charges or interest,

(b)an amount paid by the corporation under section 76 on behalf of an insured if

(i)the amount was, under section 76, paid to a person having a claim referred to in section 76 (2), and

(ii)the insured

(A)is, in relation to the accident that resulted in the injury, death or loss of or damage to property for which the payment was made, convicted of an offence under section 220, 221, 249, 252, 253 (a) or 255 (2) or (3) of the Criminal Code, or of an offence under a provision of the law of the United States of America that is similar to one of those sections, and the offence was committed while the insured was operating or having care or control of a vehicle or by means of a vehicle,

(B)is convicted of an offence under section 253 (b) of the Criminal Code, section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred during the person's commission of the offence and while the person was operating a vehicle,

(C)is convicted of an offence under section 254 (5) of the Criminal Code, section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred within the 2 hours preceding the person's commission of the offence and while the person was operating a vehicle, or

(D)was, at the time that the accident occurred, operating a vehicle when not authorized and qualified by law to operate the vehicle,

(c)money in respect of which rights of recovery are assigned to the corporation under section 84 if the person against whom the corporation is entitled to exercise those rights of recovery is, in relation to the injury, death or loss of or damage to property in respect of which the money was paid, convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code or of an offence under a provision of the law of the United States of America that is similar to one of those sections,

(d)money owing to the corporation under

(i)any judgment obtained by the corporation, including any order for costs in favour of the corporation or an insured, or

(ii)any compensation or restitution order made in favour of the corporation under section 42.1 (6) of this Act, under the Criminal Code or under any other enactment,

(d.1)a monetary penalty imposed under section 215.44 of the Motor Vehicle Act that has not been paid,

(e)a fee that is prescribed under the Motor Vehicle Act, and that has not been paid, for

(i)the registration of a motor vehicle or trailer,

(ii)a licence or permit for a motor vehicle or trailer, or

(iii)a driver's licence, and

(f)indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,

(ii)the Motor Vehicle Act,

(iii)the Commercial Transport Act,

(iv)the Motor Fuel Tax Act,

(v)the Highway Act or the Transportation Act,

(vi)the Passenger Transportation Act, or

(vii)[Repealed 2014-5-46.]

(viii)[Repealed 2007-14-140.]

(ix)the Off-Road Vehicle Act.

郭国汀 · 发表于 10/30/2020 19:43:42

Third party rights

76 (1)In this section and sections 77 and 78, "claimant" means a person who has a claim or a judgment against an insured for which indemnity is provided by the plan or an optional insurance contract.

(2)Even though he or she does not have a contractual relationship with the insurer, a claimant is entitled, on recovering a judgment against an insured or making a settlement with the insurer, to have the insurance money applied toward the claimant's judgment or settlement and toward any other judgments or claims against the insured who is covered by the indemnity.

(3)The claimant may, on behalf of himself or herself and all persons having judgments or claims against the insured who is covered by the indemnity, bring an action against the insurer to have the insurance money applied in accordance with subsection (2).

(4)The insurer may at any stage compromise or settle the claim.

(5)A creditor of the insured is not entitled to share in the insurance money unless the creditor's claim is one for which indemnity is provided for by the plan or the optional insurance contract.

(6)The following do not prejudice the right of a person entitled under subsection (2) to have the insurance money applied toward the person's judgment or settlement, and are not available to the insurer as a defence to an action under subsection (3):

(a)assignment, transfer, surrender, cancellation, suspension, waiver or discharge of coverage under the plan or an optional insurance contract or under a provision of the plan or an optional insurance contract, or of an interest in either of them or of insurance money payable under either of them, made by the insured after the event giving rise to a claim under the plan or optional insurance contract occurs;

(b)an act or default of the insured before or after the event giving rise to a claim under the plan or an optional insurance contract in contravention of this Act or the regulations or of the plan or optional insurance contract;

(c)contravention of the Criminal Code or of a law or statute of any province, state or country by the owner, lessee or driver of the vehicle in respect of which the insurance money is payable under a certificate or policy.

(7)An action must not be brought against an insurer under subsection (3) after the expiration of one year from the final determination of the action against the insured, including appeals, if any.

(8)It is not a defence to an action under subsection (3) that an instrument issued as a vehicle liability policy by an insurer and alleged by a party to the action to be such a policy is not a vehicle liability policy and this section and sections 77 and 78 apply.

郭国汀 · 发表于 10/30/2020 19:55:27

ICBC claim that "you breached your policy by virtue of your operation of a motor vehicle while not authorized or qualified by law to operate the vehicle. " this is a breach of Section 55 (3) (a) of the Insurance vehicle regulation:

(3)An insured must not operate a vehicle for which coverage is provided under section 49 or 49.3 (1) (a) and (c), Part 6 or 7, or Division 2 of Part 10

(a)if the insured is not authorized and qualified by law to operate the vehicle,

Indemnity

49 (1)Subject to section 49.1, the corporation shall indemnify an insured who is not in default of premium payable under section 45 for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that

(a)arises out of the use or operation by the insured of a vehicle

(i)not owned by the insured or a member of the insured's household, or

(ii)not rented to the insured as a leased vehicle or rented to a member of the insured's household as a leased vehicle, and

(b)occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America

unless

(c)the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner,

(d)the insured is operating the vehicle in connection with the business of a garage service operator,

(e)the vehicle is owned or regularly operated by the insured,

(f)the vehicle is used for commercial use,

(f.1)subject to subsection (1.1), the vehicle is used for carrying passengers for compensation or hire,

(g)the vehicle is in fact not licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the vehicle is licensed, or

(h)the insured is operating an all terrain vehicle licensed under section 24.04 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations.

(1.1)In respect of a TNS-only vehicle operated under a transportation network services authorization, the corporation's exemption under subsection (1) (f.1) applies only if injury or death of another, or loss or damage to property of another, arises out of the operation of the TNS-only vehicle when

(a)the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and

(b)the insured is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers.

(2)Sections 70 to 76 apply in respect of indemnity under this section.

[en. B.C. Reg. 257/86, s. 13; am. B.C. Regs. 408/87, s. 16; 383/89, s. 8; 324/91, s. 13; 166/2006, Sch. s. 33, as am. by B.C. Reg. 46/2007, Sch. 1, s. 4; 341/2007, s. 5; 161/2019, s. 2; 48/2020, s. 1.]

Limit of liability

49.1 (1)Subject to sections 18 (4) and 77 (1) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under section 49 in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 (1.1) of Schedule 3.

(2)Repealed. [B.C. Reg. 166/2006, Sch. 34 (b).]

(3)In addition to the amount by which liability is limited under subsection (1), the corporation shall reimburse the insured for the payments and pay the costs referred to in section 69 that are within the limit set out in section 1 (1.1) of Schedule 3.

[en. B.C. Reg. 257/86, s. 1; am. B.C. Reg. 166/2006, Sch. s. 34.]

Priority of claims

49.2 For the purpose of payment of indemnity under section 49, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 49.1 and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 49.1.

[en. B.C. Reg. 257/86, s. 13; am. B.C. Reg. 166/2006, Sch. s. 35.]

Other coverage

49.3 (1)In addition to indemnity under section 49, a driver's certificate evidences that an insured who is not in default of premium payable under section 45 has

(a)coverage under Part 7,

(b)coverage under section 148, and

(c)coverage under Division 2 of Part 10.

(2)Repealed. [B.C. Reg. 379/93, s. 3.]

[am. B.C. Regs. 379/93, s. 3; 166/2006, Sch. s. 36.]

郭国汀 · 发表于 10/30/2020 20:11:47

本帖最后由郭国汀于 11/1/2020 15:48 编辑

How dare ICBC act as if the law itself while is a seller of insurance only?
an insurance contract is a special contract in which all terms and conditions were settled by the insurer before both parties signed it, and the insured has no said on the terms or conditions at all.
under such precondition, if there is any dispute about terms or conditions and there are any unclear or misleading meaning of any terms, the judge must make an explanation for the insured and against the insurer.
The insured in the case hold a Class 5 Learn license while buying the car insurance, and when an accident occurred, the key issue here is that whether he has the right to operate the car, whether his driver license is invalid, or whether he is not qualified to operate a vehicle?
Does a driver with 14 years of experience with a class 5 L license is not authorized or qualified to operate a car?
Does ICBC can deny its liability as an insurer when an accident happened?

Insurance Act

"licence"

(a)in relation to a driver or operator of a vehicle, means a licence orpermit issued under the Motor Vehicle Act authorizing the holder of a licence of a designated class to driveor operate a vehicle of the category designated for that class, and includes alearner's licence,
"plan" means the plan of universal compulsory vehicle insurance

"universalcompulsory vehicle insurance" means universal compulsoryvehicle insurance provided under the plan;

"policy" means the instrument evidencing an optional insurancecontract and includes an interim receipt, a renewal receipt or a binder, orwriting evidencing the contract

"vehicleliability policy" means a certificate or a policy evidencing insuranceagainst liability arising out of

(a)bodily injury toor the death of a person, or

(b)loss of or damageto property,

caused by a vehicleor the use or operation of a vehicle.

郭国汀 · 发表于 12/31/2020 17:02:27

If the defendant is a company

(2.1) If the defendant is acompany within the meaning of the Business Corporations Act, theclaimant must file with the notice of claim a printout of a search showing themost recent address of the registered office of the company on file with theRegistrar of Companies.

郭国汀 · 发表于 1/1/2021 19:01:36

本帖最后由郭国汀于 1/1/2021 22:09 编辑

Requesting Searches & Certificates

Search Corporate Records

If there is a company or society of interest to you, start by reviewing their records on file at BC Registries and Online Services. Companies and societies are required to keep their records up to date with the Registry and within their own place of business. All Registry files are accessible to the public.

Information from a search

Check out this two-page example of a search result. It has facts that indicate the status of the company or society by presenting key information on file, including:

Status - the company is active or not active
Recognition/incorporation date – when they were incorporated, registered, amalgamated within BC
Last Annual Report - with date filed
Previous company name(s)
Registered office address
Records office address
Names of Directors, Officers – often included in annual reports

Shareholders and share certificate details are not available. You need to contact the registered office of the company for this information.

Search options

You can request any of the following:

A search for Small Claims Court
A search of active or historical registrations
Certificate of Status
Certificate of Good Standing
Certified Work
Letters Under Seal
No Record Letter

Copies of the applicable documentation are available upon request. Please call BC Registries and Online Services at 1 877 526-1526 to speak with a representative who will calculate the cost for photocopies or certified copies.

Certificate of Status

This document verifies the status of a company or society and proves it is not in the process of dissolving. A Certificate of Status is issued only to a company or society formed in B.C.

Certificate of Good Standing

This certificate is issued only when a company or society is up-to-date with the filing of their annual reports. If a company or society is not up-to-date, they are "not in good standing" and cannot order a Certificate of Good Standing.

For companies or societies incorporated outside of the province and registered in B.C. (known as an extraprovincial), you may request a Certificate of Good Standing that certifies the company or society is registered in the province and up-to-date with filing annual reports.

Certificates of Good Standing are no longer issued to companies or societies formed in Alberta or Saskatchewan, general partnerships, limited partnerships or sole proprietorships. A Letter Under Seal can be requested for these entities certifying registration in B.C.

How to Submit Your Request

You can submit by mail or in person at any Service BC centre, or through BC OnLine if you are an account holder.

If submitting by mail please ensure you include the following details:

Business name
Registration / Incorporation Number or Business Number
List of the items you are requesting
Your name
Your telephone number
Your email address
Your full return mailing address

If requesting a Certificate of Good Standing, please include a Certificate of Good Standing Order form (PDF).

Ensure you include payment with your request and make your cheque or money order payable to the Minister of Finance.

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