Insurance benefits are deducted from damages awarded to people injured in automobile accidents in British Columbia

People injured in automobile accidents in British Columbia generally receive some type of insurance benefits.  In addition, they may sue and seek compensation from negligent parties.  Section 25 of the Insurance (Motor Vehicle) Act ensures that insurance benefits are deducted from damages recovered from negligent parties.  I recently spoke at a conference for the Trial Lawyers of British Columbia on this issue.  I have attached the  paper that was written by Sara Harbottle, an articled student at Harper Grey LLP, for my presentation to the extended entry section of this entry.

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In a property insurance contract to breach an insured for failing to install an alarm, the exclusion must be in the wording of the policy provided to the insured.

The Court held that an alarm warranty in an Interim Binder was not enforceable against the Insured.

Here is the citation: 0712914 B.C. Ltd. v. Aviva Insurance Co. of Canada [2007] B.C.J. No. 205.   British Columbia Supreme Court.   Fisher J.   February 2, 2007

Here is a link to the decision:  www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc163/2007bcsc163.html

 

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A motor vehicle damage claim arising out of a vehicle used for a suicide is not recoverable under the deceased's policy of insurance

An Insurer ("ING") was successful in obtaining a Declaration that it had no obligation to provide coverage under a policy issued to an Insured, now deceased, where the claims against the deceased Insured related to damages sustained as a result of the Insured’s murder of his child and subsequent suicide.

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