What is the test for determining whether a motor vehicle was damaged in two separate incidents?
British Columbia, Canada
The following excerpt is from Wells v. ICBC, 2020 BCCRT 413 (CanLII):
11. To succeed against the respondent, the applicant must prove on a balance of probabilities that the respondent breached its statutory obligations or its contract of insurance, or both. The question is whether the respondent acted “properly or reasonably” in administratively deciding that the car’s damage was caused by two separate incidents. (see: Singh v. McHatten, 2012 BCCA 286).
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