What is the ICBC's defence in a personal injury case?
British Columbia, Canada
The following excerpt is from Lau v. Insurance Corporation of British Columbia, 2012 BCSC 1226 (CanLII):
In order to succeed on this aspect of its defence, ICBC must prove that (1) the insured made a false statement with respect to the claim, (2) the false statement was made wilfully, and (3) the wilfully false statement was material: Bolen v. ICBC, 2006 BCSC 1749, at para. 63 [Bolen].
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