What constitutes "all reasonable efforts" in the context of an insurance claim?
British Columbia, Canada
The following excerpt is from Ghuman v ICBC, 2019 BCSC 3 (CanLII):
In Nicholls v. Insurance Corporation of British Columbia, 2011 BCCA 422, the court affirmed that what constitutes "all reasonable efforts" in this context is a question of fact to be determined on the circumstances of each case. The only qualification on the requirement of "all reasonable efforts" in s. 24(5) is the subjective aspect of the test that requires the "position and condition" of the plaintiff to be considered in determining what efforts were reasonable in the circumstances. In all cases, however, the single standard to be met is one of reasonableness: paras. 26-31.
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