What is the ICBC's argument that a plaintiff is not entitled to underinsured coverage under section 148.2(1) of the Insurance legislation?
British Columbia, Canada
The following excerpt is from Beauchamp v. I.C.B.C., 2005 BCSC 63 (CanLII):
ICBC relies on Dahl v. Whitehill (1996), 1996 CanLII 3128 (BC SC), 17 B.C.L.R. (3d) 226 (S.C.). In Dahl, the parties agreed that the plaintiff was entitled to UMP coverage. The dispute was in regard to compensation. In his decision, Hogarth J. noted at ¶ 7 that s. 148.2(1): ... relates to the preceding section, 148.1, and presumes before the application of the arbitration provision comes into effect, that the "insured" is an "insured" as defined by the earlier section and that an "underinsured motorist" is the cause of the injuries for which compensation is claimed.
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