Biryah v ICBC, s. 148.2(1) Insurance (Vehicle) Regulation – Arbitration (Feb 25, 2021)
Scott Stanley successful represented the Claimant in an arbitration with ICBC. The Claimant was a young chiropractor student from B.C. who was going to school in California. He had a valid B.C. license and was stopped by a police officer who wrongly told him he needed to get a California license. He applied for and obtained a California license even though he did not meet the residency requirements to obtain such a license. He was in a serious car accident in California and the negligent driver did not have enough insurance and the Claimant needed to rely on his underinsured motor protection (UMP) which he had as a result of holding a B.C. license. ICBC denied his claim saying that the Claimant surrendered his B.C. license (and his UMP coverage) when he obtained the California license. The arbitrator found that he did not surrender his B.C. license and that he was entitled to his $1M of UMP coverage.