Does a medical report obtained by an employee of an insurance company under s.99 of the Insurance Regulation apply to a plaintiff's claim of benefits?
British Columbia, Canada
The following excerpt is from Shaw v. Koch, 2004 BCSC 634 (CanLII):
Defendant’s counsel claims that the case of Vorasarn v. Manning (1997), 30 B.C.L.R. is identical to this case. I disagree. In Vorasarn, the medical report obtained was specifically for the purpose of the plaintiff’s claim of benefits under s. 99 of the Regulation. Further, the plaintiff and the I.C.B.C. employee agreed that the plaintiff and defendant were both insured by I.C.B.C., and that the report would not be disclosed to the I.C.B.C. adjuster responsible for the plaintiff’s tort claim against the defendant.
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