How has the court treated a motorist’s protection claim in the context of an amendment to the Insurance Regulation?
British Columbia, Canada
The following excerpt is from Buxton v. Tang, 2007 BCSC 1101 (CanLII):
Finally, in Kovacs v. I.C.B.C., [1994] B.C.J. No. 225 (S.C.), Meiklem J. discussed all three cases. He was considering a judicial review from an arbitrator’s decision. The petitioner had uninsured motorist’s protection coverage between August 17, 1987, to August 17, 1988. The injuries were sustained on June 30th, 1988, during the policy year. On January 1st, 1988, an amendment to the regulation came into force which allowed ICBC to deduct benefits. The court held that without specific language the amendment could not affect the current contract of insurance. The court distinguished Cowden on the basis that it was not addressing an amendment.
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