Insured entitled to indemnity under policy of insurance for theft claim arising out of two accidents in which her motor vehicle was involved and taken without her permission

Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured

Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, 2017 BCSC 1762, British Columbia Supreme Court, October 2, 2017, M.B. Blok J.

The insured brought a claim against ICBC for indemnity under her policy of insurance for any claims or losses arising out of two accidents in which her motor vehicle was involved.

ICBC had denied liability on the basis that the insured’s son was likely the driver on both occasions, must have had keys to the vehicle, and may have had possession of the vehicle with the insured’s express or implied consent. The insured’s son had a history of car theft and was prohibited from driving at the material time.  Further, ICBC alleged some of the insured’s statements surrounding the accidents were willfully false and thus coverage was forfeited as a result.

The Court accepted the insured’s evidence the vehicle had been stolen on both occasions and, accordingly, found she was entitled to be indemnified by ICBC.

This case was digested by Cameron B. Elder, and first posted on Quicklaw and published in the Harper Grey Insurance Law Newsletter. If you would like to discuss this case further, please contact Cameron B. Elder at celder@harpergrey.com.

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