| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | License Disclaimer |
| This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 2, 1999]
132 In this Part:
"assigned risk plan" means the British Columbia Assigned Risk Plan as presently constituted and operated by insurers authorized under a business authorization to issue motor vehicle liability policies;
"contract" means a contract of automobile insurance, and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;
"insured" means a person insured by a contract, whether named or not.
133 (1) This Part applies to contracts providing automobile insurance made or renewed in British Columbia on or after January 1, 1970, or an earlier date if set by the Lieutenant Governor in Council.
(2) This Part does not apply to contracts insuring only against
(a) loss of or damage to an automobile while in or on described premises,
(b) loss of or damage to property carried in or on an automobile, or
(c) liability for loss of or damage to property carried in or on an automobile.
(3) This Part does not apply to a contract providing insurance in respect of an automobile chiefly used or operated off highways unless it is insured under a contract evidenced by a form of policy approved under this Part.
(4) This Part does not apply to a contract insuring solely the interest of a person who has a lien on, or has as security legal title to, an automobile and who does not have possession of the automobile.
(5) Every insurer authorized under a business authorization to issue motor vehicle liability policies must subscribe to the assigned risk plan and is bound by any and all provisions governing subscribers.
(6) The assigned risk plan must file with the superintendent a copy of its constitution, bylaws and rules, and any amendments, not later than 10 days after they are made.
134 (1) An insurer must not use a form of application, policy, endorsement or renewal or continuation certificate in respect of automobile insurance other than a form approved by the superintendent.
(2) An insurer may require additional information in an approved application form, but the additional information does not constitute part of the application for the purposes of section 137.
(3) If, in the opinion of the superintendent, any of this Part, including any statutory condition, is wholly or partly inappropriate to the requirements of a contract or is inapplicable by reason of the requirements of any Act, the superintendent may approve a form of policy, or part of it, or endorsement evidencing a contract sufficient or appropriate to insure the risks required or proposed to be insured, and the contract evidenced by the policy or endorsement in the form so approved is effective and binding according to its terms even if those terms are inconsistent with, vary, omit or add to any provision or condition of this Part.
(4) Except as to matters referred to in section 146, the superintendent may, if he or she considers it to be in the public interest, approve a form of motor vehicle liability policy or endorsement that extends the insurance beyond that prescribed in this Part.
(5) The superintendent, in granting an approval under subsection (4), may require the insurer to charge an additional premium for the extension and to state that fact in the policy or in any endorsement.
(6) The superintendent may revoke an approval given under this section, and, on notification of the revocation in writing, an insurer must not use or deliver a form that contravenes the notification.
(7) The superintendent must, on request of any interested insurer, specify in writing his or her reasons for granting, refusing or revoking an approval of a form.
(8) An insurer that issues or delivers a motor vehicle liability policy in British Columbia, or any renewal of it, or any evidence of the continuation of the contract, must issue to the insured a card evidencing the insurance, and the card must be in a form approved by the superintendent.
(9) An insurer that issues a motor vehicle liability policy outside British Columbia must file with the superintendent, in a form prescribed by the superintendent,
(a) a power of attorney authorizing the superintendent to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in British Columbia, and
(b) an undertaking
(i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in British Columbia, and of which it has knowledge,
(ii) that on receipt from the superintendent of any notice or process served on him or her in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as provided, it will immediately have the notice or process personally served on its insured, and
(iii) not to set up any defence to any claim, action or proceeding, under a motor vehicle liability policy issued by it, that might not be set up if the policy has been issued in British Columbia in accordance with the law of British Columbia relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy, and in any event to an amount not less than the limits of liability set by this Part any judgment rendered against it or its insured by a court in British Columbia in that action or proceeding.
(10) The superintendent may prescribe the minimum limits of accident insurance benefits that must be provided in every contract evidenced by a motor vehicle liability policy.
135 A person carrying on the business of financing the sale or purchase of automobiles and an automobile dealer, insurance agent or broker, and an officer or employee of such a person, dealer, agent or broker, must not act as the agent of an applicant for the purpose of signing an application for automobile insurance.
136 (1) A copy of the written application, signed by the insured or the insured’s agent, or, if no signed application is made, a copy of the purported application, or a copy of that part of the application or purported application material to the contract, must be embodied in, endorsed on or attached to the policy when issued by the insurer.
(2) If no signed written application is received by the insurer prior to the issue of the policy, the insurer must deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, a form of application to be completed and signed by the insured and returned to the insurer.
(3) The insurer must deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, the policy or a true copy of it and every endorsement or other amendment to the contract.
(4) If a written application signed by the insured or the insured’s agent is made for a contract, the policy evidencing the contract is deemed to be in accordance with the application unless the insurer points out in writing to the insured named in the policy in what respect the policy differs from the application, and in that event the insured is deemed to have accepted the policy unless within one week from the receipt of the notification the insured informs the insurer in writing that the insured rejects the policy.
(5) On every application form and policy there must be printed or stamped in conspicuous type a copy of section 137 (1).
137 (1) If
(a) an applicant for a contract
(i) gives false particulars of the described automobile to be insured to the prejudice of the insurer, or
(ii) knowingly misrepresents or fails to disclose in the application any fact required to be stated in it,
(b) the insured contravenes a term of the contract or commits a fraud, or
(c) the insured wilfully makes a false statement in respect of a claim under the contract,
a claim by the insured is invalid and the right of the insured to recover indemnity is forfeited.
(2) A statement of the applicant must not be used in defence of a claim under the contract unless it is contained in the signed written application or, if no signed written application is made in the purported application, or part of it, that is embodied in, endorsed on or attached to the policy.
(3) A statement contained in the purported copy of the application, or part of it, other than a statement describing the risk and the extent of the insurance, must not be used in defence of a claim under the contract unless the insurer proves that the applicant made the statement attributed to the applicant in the purported application, or part of it.
138 (1) Subject to section 134 (3), and sections 139, 164 and 165,
(a) the conditions set out in this section are statutory conditions and are deemed to be part of every contract and must be printed in every policy with the heading "Statutory Conditions", and
(b) no variation or omission of or addition to a statutory condition is binding on the insured.
(2) In this section, "policy" does not include an interim receipt or binder.
STATUTORY CONDITIONS
In these statutory conditions, unless the context otherwise requires, the word "insured" means a person insured by this contract whether named or not.
Material change in risk
1. (1) The insured named in this contract must promptly notify the insurer or its local agent in writing of any change in the risk material to the contract and within the insured’s knowledge.
(2) Without restricting the generality of the foregoing, the words "change in the risk material to the contract" include
(a) any change in the insurable interest of the insured named in this contract in the automobile by sale, assignment, or otherwise, except through change of title by succession, death, or proceedings under the Bankruptcy Act (Canada),
and in respect of insurance against loss of or damage to the automobile,
(b) any mortgage, lien, or encumbrance affecting the automobile after the application for this contract,
(c) any other insurance of the same interest, whether valid or not, covering loss or damage insured by this contract or any portion of it.
Prohibited use by insured
2. (1) The insured must not drive or operate the automobile
(a) while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the automobile,
(b) unless he or she is for the time being either authorized by law or qualified to drive or operate the automobile,
(c) while he or she is under the age of 16 years or under such other age as is prescribed by the law of the province in which he or she resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him or her,
(d) for any illicit or prohibited trade or transportation, or
(e) in any race or speed test.
Prohibited use by others
(2) The insured must not permit, suffer, allow, or connive at the use of the automobile
(a) by any person under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the automobile,
(b) by any person,
(i) unless that person is for the time being either authorized by law or qualified to drive or operate the automobile, or
(ii) while that person is under the age of 16 years or under such other age as is prescribed by the law of the province in which he or she resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him or her,
(c) for any illicit or prohibited trade or transportation, or
(d) in any race or speed test.
Requirements if loss or damage to persons or property
3. (1) The insured must
(a) promptly give to the insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and of any claim made on account of the accident,
(b) verify by statutory declaration, if required by the insurer, that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract, and
(c) forward immediately to the insurer every letter, document, advice, or writ received by the insured from or on behalf of the claimant.
(2) The insured must not
(a) voluntarily assume any liability or settle any claim except at the insured’s own cost, or
(b) interfere in any negotiations for settlement or in any legal proceeding.
(3) The insured must, whenever requested by the insurer, aid in securing information and evidence and the attendance of any witness and must co-operate with the insurer, except in a pecuniary way, in the defence of any action or proceeding or in the prosecution of any appeal.
Requirements if loss or damage to automobile
4. (1) If loss of or damage to the automobile occurs, the insured must, if the loss or damage is covered by this contract,
(a) promptly give notice of it in writing to the insurer with the fullest information obtainable at the time,
(b) at the expense of the insurer, and as far as reasonably possible, protect the automobile from further loss or damage, and
(c) deliver to the insurer within 90 days after the date of the loss or damage a statutory declaration stating, to the best of the insured’s knowledge and belief, the place, time, cause, and amount of the loss or damage, the interest of the insured and of all others in it, the encumbrances on it, all other insurance, whether valid or not, covering the automobile and that the loss or damage did not occur through any wilful act or neglect, procurement, means, or connivance of the insured.
(2) Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition (1) of this condition is not recoverable under this contract.
(3) Repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, must not be undertaken and physical evidence of the loss or damage must not be removed
(a) without the written consent of the insurer, or
(b) until the insurer has had a reasonable time to make the examination for which provision is made in statutory condition 5.
Examination of insured
(4) The insured must submit to examination under oath, and must produce for examination at such reasonable place and time as is designated by the insurer or its representative, all documents in the insured’s possession or control that relate to the matters in question, and the insured must permit extracts and copies of them to be made.
Insurer liable for cash value of automobile
(5) The insurer is not liable for more than the actual cash value of the automobile at the time any loss or damage occurs, and the loss or damage must be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and must not exceed the amount that it would cost to repair or replace the automobile, or any part of it, with material of like kind and quality, but, if any part of the automobile is obsolete and out of stock, the liability of the insurer in respect of it is limited to the value of that part at the time of loss or damage, not exceeding the maker’s latest list price.
Repair or replacement
(6) Unless an appraisal has been made, the insurer, instead of making payment, may, within a reasonable time, repair, rebuild, or replace the property damaged or lost with other of like kind and quality if, within 7 days after the receipt of the proof of loss, it gives written notice of its intention to do so.
No abandonment; salvage
(7) There must be no abandonment of the automobile to the insurer without the insurer’s consent. If the insurer exercises the option to replace the automobile or pays the actual cash value of the automobile, the salvage, if any, vests in the insurer.
In case of disagreement
(8) In the event of disagreement as to the nature and extent of the repairs and replacements required, or as to their adequacy, if effected, or as to the amount payable in respect of any loss or damage, those questions must be determined by appraisal as provided under the Insurance Act before there can be recovery under this contract, whether the right to recover on the contract is disputed or not, and independently of all other questions. There is no right to an appraisal until a specific demand for it is made in writing and until after proof of loss has been delivered.
Inspection of automobile
5. The insured must permit the insurer at all reasonable times to inspect the automobile and its equipment.
Time and manner of payment of insurance money
6. (1) The insurer must pay the insurance money for which it is liable under this contract within 60 days after the proof of loss has been received by it or, if an appraisal is made under subcondition (8) of statutory condition 4, within 15 days after the award is rendered by the appraisers.
When action may be brought
(2) The insured must not bring an action to recover the amount of a claim under this contract unless the requirements of statutory conditions 3 and 4 are complied with or until the amount of the loss has been ascertained as provided under those conditions or by a judgment against the insured after trial of the issue or by agreement between the parties with the written consent of the insurer.
Limitation of actions
(3) Every action or proceeding against the insurer under this contract in respect of loss or damage to the automobile must be commenced within one year next after the happening of the loss and not afterwards, and in respect of loss or damage to persons or property must be commenced within one year next after the cause of action arose and not afterwards.
Who may give notice and proofs of claim
7. Notice of claim may be given and proofs of claim may be made by the agent of the insured named in this contract in case of absence or inability of the insured to give the notice or make the proof, such absence or inability being satisfactorily accounted for or, in the like case or if the insured refuses to do so, by a person to whom any part of the insurance money is payable.
Termination
8. (1) This contract may be terminated
(a) by the insurer giving to the insured 15 days notice of termination by registered mail or 5 days written notice of termination personally delivered, or
(b) by the insured at any time on request.
(2) If this contract is terminated by the insurer,
(a) the insurer must refund the excess of premium actually paid by the insured over the proportionate premium for the expired time, but in no event must the proportionate premium for the expired time be deemed to be less than any minimum retained premium specified, and
(b) the refund must accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund must be made as soon as practicable.
(3) If this contract is terminated by the insured, the insurer must refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time, but in no event must the short rate premium for the expired time be deemed to be less than any minimum retained premium specified.
(4) The refund may be made by money, postal or express company money order, or cheque payable at par.
(5) The 15 days mentioned in clause (a) of subcondition (1) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed.
Notice
9. Any written notice to the insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the insurer in British Columbia. Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured’s latest post office address as notified to the insurer. In this condition, the expression "registered" means registered in or outside Canada.
139 (1) Except as otherwise provided in the contract, the statutory conditions set out in section 138 do not apply to insurance coming within section 167, 168 or 169.
(2) If a contract does not insure against liability for loss or damage to persons and property, statutory condition 3 in section 138 is not a part of the policy and may be omitted from the printing of the conditions in the policy.
(3) If a contract does not insure against loss of or damage to the automobile, statutory condition 4 in section 138 is not a part of the policy and may be omitted from the printing of the conditions in the policy.
140 (1) Every contract evidenced by an owner’s policy insures the person named in it and every other person who with his or her consent personally drives an automobile owned by the insured named in the contract and within the description or definition of it in the contract against liability imposed by law on the insured named in the contract or that other person for loss or damage
(a) arising from the ownership, use or operation of the automobile, and
(b) resulting from bodily injury to or the death of any person, and damage to property.
(2) If the contract evidenced by an owner’s policy also provides insurance against liability in respect of an automobile not owned by the insured named in the contract, an insurer may stipulate in the contract that the insurance is restricted to those persons specified in the contract.
(3) If the insured named in an owner’s policy dies, the following persons are deemed to be the insured under the policy:
(a) the spouse of the deceased insured if residing in the same dwelling premises at the time of his or her death;
(b) in respect of the described automobile, a newly acquired automobile that was acquired by the deceased insured prior to his or her death and a temporary substitute automobile, all as defined by the policy,
(i) any person having proper temporary custody until grant of probate or administration to the personal representative of the deceased insured,
(ii) the personal representative of the deceased insured.
141 Every contract evidenced by a non-owner’s policy insures the person named in it and any other person, if any, as is specified in the policy against liability imposed by law on the insured named in the contract or that other person for loss or damage
(a) arising from the use or operation of an automobile within the definition of it in the policy, other than an automobile owned by him or her or registered in his or her name, and
(b) resulting from bodily injury to or the death of any person, and damage to property.
142 For the purposes of this Part, a person is not deemed to be the owner of an automobile only because the person has a lien on the automobile or has legal title to the automobile as security.
143 Insurance under sections 140 and 141 applies to the ownership, use or operation of the insured automobile in Canada and the United States of America and on a vessel plying between ports of those countries.
144 A person insured by but not named in a contract to which section 140 or 141 applies may recover indemnity in the same manner and to the same extent as if named in it as the insured, and for that purpose is deemed to be a party to the contract and to have given consideration for it.
145 Every contract evidenced by a motor vehicle liability policy must provide that if a person insured by the contract is involved in an accident resulting from the ownership, use or operation of an automobile in respect of which insurance is provided under the contract and resulting in loss or damage to persons or property, the insurer must do the following:
(a) on receipt of notice of loss or damage caused to persons or property, make such investigations, conduct such negotiations with the claimant, and effect such settlement of any resulting claims as are deemed expedient by the insurer;
(b) defend in the name and on behalf of the insured and at the cost of the insurer any civil action that is at any time brought against the insured on account of loss or damage to persons or property;
(c) pay all costs taxed against the insured in any civil action defended by the insurer and any interest accruing after entry of judgment on that part of the judgment that is within the limits of the insurer’s liability;
(d) if the injury is to a person, reimburse the insured for outlay for the medical aid that is immediately necessary at the time.
146 (1) The insurer is not liable under a contract evidenced by a motor vehicle liability policy for any liability
(a) imposed by worker compensation law on any person insured by the contract,
(b) resulting from bodily injury to or the death of
(i) the daughter, son, wife or husband of any person insured by the contract while being carried in or on or entering or getting on to or alighting from the automobile, or
(ii) any person insured by the contract, or
(c) resulting from bodily injury to or the death of any employee of any person insured by the contract while engaged in the operation or repair of the automobile.
(2) Subsection (1) (b) applies only if the injury or death occurred before April 17, 1985.
147 A provision in a contract evidenced by a motor vehicle liability policy that the insurer is not liable to indemnify a person insured by the contract for any liability resulting from bodily injury to or the death of the daughter, son, husband or wife of that person has no effect after April 16, 1985, whether the contract was made before or after that date.
148 The insurer may provide under a contract evidenced by a motor vehicle liability policy, in either or both of the following cases, that it is not liable
(a) to indemnify any person engaged in the business of selling, repairing, maintaining, servicing, storing or parking automobiles for any loss or damage sustained while engaged in the use or operation of or while working on the automobile in the course of that business unless the person is the owner of the automobile or is the owner’s employee, or
(b) for loss of or damage to property carried in or on the automobile or to any property owned or rented by or in the care, custody or control of the insured.
149 Subject to the limitations and exclusions of the endorsement, the insurer may provide by endorsement to a contract evidenced by a motor vehicle liability policy, in either or both of the following cases, that it is not liable for loss or damage
(a) resulting from bodily injury to or the death of any person being carried in or on or entering or getting on to or alighting from the automobile, or
(b) resulting from the ownership, use or operation of any machinery or apparatus, including its equipment, mounted on or attached to the automobile while the automobile is at the site of the use or operation of that machinery or apparatus.
150 (1) The insurer may provide under a contract evidenced by a motor vehicle liability policy, in one or more of the following cases, that it is not liable while
(a) the automobile is rented or leased to another person,
(b) the automobile is used to carry explosives or to carry radioactive material for research, education, development or industrial purposes or for purposes incidental to them,
(c) the automobile is used as a taxicab, public bus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire,
(d) if the insured vehicle is an automobile, other than a trailer, it is used for towing a trailer owned by the insured unless like indemnity is also provided by the insurer in respect of the trailer, or
(e) if the insured vehicle is a trailer, it is towed by an automobile owned by the insured unless like indemnity is also provided by the insurer in respect of the automobile.
(2) In subsection, (1) (b) "radioactive material" means
(a) spent nuclear fuel rods that have been exposed to radiation in a nuclear reactor,
(b) radioactive waste material,
(c) unused enriched nuclear fuel rods, or
(d) any other radioactive material of such quantity and quality as to be harmful to persons or property if its container is destroyed or damaged.
(3) Subsection (1) (a) does not include the use by an employee of his or her automobile on the business of his or her employer and for which he or she is paid.
(4) Subsection (1) (c) does not include
(a) the use by a person of his or her automobile for the carriage of another person in return for the former’s carriage in the automobile of the latter,
(b) the occasional and infrequent use by a person of his or her automobile for the carriage of another person who shares the cost of the trip,
(c) the use by a person of his or her automobile for the carriage of a temporary or permanent domestic servant of the insured or his or her spouse, or
(d) the use by a person of his or her automobile for the carriage of a client or customer or a prospective client or customer.
151 (1) Every contract evidenced by a motor vehicle liability policy insures, in respect of any one accident, to the limit prescribed by regulation, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons.
(2) Every contract evidenced by a motor vehicle liability policy insures, in respect of any one accident to the limit prescribed by regulation, exclusive of interest and costs, against liability resulting from loss or damage to property of nonresidents occurring inside or outside British Columbia.
(3) The contract must be interpreted to mean that if, by reason of any one accident, liability results from bodily injury or death and from loss of or damage to property,
(a) claims against the insured arising out of bodily injury or death have priority to the extent prescribed by regulation over claims arising out of loss of or damage to property, and
(b) claims against the insured arising out of loss of or damage to property have priority to the extent prescribed by regulation over claims arising out of bodily injury or death.
(4) The insurer may, instead of specifying a limit in the policy for an inclusive amount, specify a limit of liability prescribed by regulation, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and a limit of liability prescribed by regulation, exclusive of interest and costs, against liability resulting from loss of or damage to property.
(5) Nothing in this Part precludes an insurer, with respect to a limit or limits in excess of those specified in subsection (1) or (4), from increasing or reducing the limit or limits specified in the contract with respect to the use or operation of the automobile by a named person, but no reduction is effective for a limit less than that required under subsection (1) or (4).
152 Every contract evidenced by a motor vehicle liability policy must provide the accident insurance benefits to at least the limits set out in the Schedule, or as extended by the superintendent under section 134, to those persons referred to in section 169.
153 (1) Every motor vehicle liability policy issued in British Columbia must provide that, in the case of liability arising out of the ownership, use or operation of the automobile in any province or territory of Canada,
(a) the insurer is liable up to the minimum limits prescribed for that province or territory if those limits are higher than the limits specified in the policy,
(b) the insurer must not set up any defence to a claim that might not be set up if the policy were a motor vehicle liability policy issued in that province or territory, and
(c) the insured, by acceptance of the policy, constitutes and appoints the insurer the insured’s irrevocable attorney to appear and defend in any province or territory of Canada in which an action is brought against the insured arising out of the ownership, use or operation of the automobile.
(2) A provision in a motor vehicle liability policy in accordance with subsection (1) (c) is binding on the insured.
154 (1) Nothing in this Part precludes an insurer from providing insurance under a contract evidenced by a motor vehicle liability policy restricted to a limit in excess of that provided by another designated contract evidenced by a motor vehicle liability policy, whether the designated contract is a first loss insurance or an excess insurance.
(2) If the contract designated in the excess contract terminates or is terminated, the excess contract is also automatically terminated.
155 Nothing in this Part precludes an insurer from entering into an agreement with its insured under a contract evidenced by a motor vehicle liability policy providing that the insured will reimburse the insurer in an agreed amount in respect of any claim by or judgment in favour of a third party against the insured, and the agreement may be enforced against the insured according to its tenor.
156 (1) In this section, "nuclear energy hazard" means the radioactive, toxic, explosive, or other hazardous properties of prescribed substances under the Atomic Energy Control Act (Canada).
(2) If an insured is covered, whether named in it or not, under a contract evidenced by a motor vehicle liability policy for loss or damage resulting from bodily injury to or the death of any person or damage to property arising, directly or indirectly, out of a nuclear energy hazard and is also covered, whether named in it or not, against such loss or damage under a contract evidenced by a policy of nuclear energy hazard liability insurance issued by a group of insurers and in force at the time of the event giving rise to the loss or damage,
(a) the motor vehicle liability insurance is excess to the nuclear energy hazard liability insurance, and the insurer under the contract of motor vehicle liability insurance is not liable to pay beyond the minimum limits prescribed by section 151, and
(b) the unnamed insured under the contract of nuclear energy liability insurance may, in respect of such loss or damage, recover indemnity under that contract in the same manner and to the same extent as if named in it as the insured, and for that purpose the unnamed insured is deemed to be a party to the contract and to have given consideration for it.
(3) For the purpose of this section, a contract of nuclear energy hazard liability insurance is deemed to be in force at the time of the event giving rise to the loss or damage, even though the limits of liability under it have been exhausted.
157 (1) If an insurer makes a payment on behalf of a person insured under a contract evidenced by a motor vehicle liability policy to a person who is or alleges himself or herself to be entitled to recover from the person insured by the policy, the payment is not, unless the insurer otherwise agrees, an admission of liability, and does not prejudice the rights of the person insured by the policy or his or her insurer, and constitutes, to the extent of the payment, a release by the person or his or her personal representative of any claim that the person or the personal representative or any person claiming through or under him or her, or by virtue of the Family Compensation Act, may have against the person insured and his or her insurer.
(2) Nothing in this section precludes an insurer making the payment from demanding, as a condition precedent to the payment, a release from the person, or his or her personal representative, or any other person, to the extent of that payment.
(3) If a person commences an action, the fact of any payment referred to in subsection (1) must not be disclosed to the court or to the jury, and the court must adjudicate on the matter without reference to any payment referred to in subsection (1); but, after awarding damages and costs, if any, the payment must be disclosed and must be taken into account and the person is only entitled to judgment to be entered for the net amount, if any.
158 (1) If a person is insured under more than one contract, evidenced by a motor vehicle liability policy, whether the insurance is first loss insurance or excess, and a question arises under section 145 (b) between an insurer and the insured or between the insurers as to which insurer must undertake the obligation to defend in the name and on behalf of the insured, whether or not any insurer denies liability under its contract, the insured or any insurer may apply to the court, and the court must give directions as may appear proper with respect to the performance of the obligation.
(2) On an application under subsection (1), the only parties entitled to notice and to be heard are the insured and his or her insurers, and no material or evidence used or taken on such an application is admissible on the trial of an action brought against the insured for loss or damage to persons or property arising out of the use or operation of the automobile in respect of which the insurance is provided.
(3) An order under subsection (1) does not affect the rights and obligations of the insurers in respect of payment of any indemnity under their respective policies.
(4) If indemnity is provided to the insured under 2 or more contracts and one or more of them are excess insurance, the insurers must, as between themselves, contribute to the payment of expenses, costs and reimbursement for which provision is made in section 145 in accordance with their respective liabilities for damages awarded against the insured.
159 (1) A person who has a claim against an insured for which indemnity is provided by a contract evidenced by a motor vehicle liability policy, even though the person is not a party to the contract, may, on recovering a judgment for it in any province or territory of Canada against the insured, have the insurance money payable under the contract applied in or towards satisfaction of the judgment and of any other judgments or claims against the insured covered by the contract and may, on behalf of himself or herself and all persons having those judgments or claims, maintain an action against the insurer to have the insurance money so applied.
(2) An action must not be brought against an insurer under subsection (1) after the expiration of one year from the final determination of the action against the insured, including appeals, if any.
(3) A creditor of the insured is not entitled to share in the insurance money payable under any contract unless the creditor’s claim is one for which indemnity is provided for by that contract.
(4) The right of a person who is entitled under subsection (1) to have insurance money applied on his or her judgment or claim is not prejudiced by
(a) an assignment, waiver, surrender, cancellation or discharge of the contract, or of any interest in it or of the proceeds of it, made by the insured after the happening of the event giving rise to a claim under the contract,
(b) any act or default of the insured before or after that event in contravention of this Part or of the terms of the contract, or
(c) any contravention of the Criminal Code (Canada) or a Statute of any province or territory of Canada or of any state or the District of Columbia of the United States of America by the owner or driver of the automobile,
and nothing mentioned in paragraph (a), (b) or (c) is available to the insurer as a defence in an action brought under subsection (1).
(5) It is not a defence to an action under this section that an instrument issued as a motor vehicle liability policy by a person engaged in the business of an insurer and alleged by a party to the action to be such a policy is not a motor vehicle liability policy, and this section applies, as far as applicable and with the necessary changes, to the instrument.
(6) The insurer may require any other insurers liable to indemnify the insured in whole or in part in respect of judgments or claims to which reference is made in subsection (1) to be made parties to the action and contribute according to their respective liabilities, whether the contribution is rateably or by way of first loss or excess insurance, as the case may be, and the insured must on demand furnish the insurer with particulars of all other insurance covering the subject matter of the contract.
(7) If any person has recovered a judgment against the insured and is entitled to bring action under subsection (1), and the insurer admits liability to pay the insurance money under the contract and the insurer considers that
(a) there are or may be other claimants, or
(b) there is no person capable of giving and authorized to give a valid discharge for payment who is willing to do so,
the insurer may apply to the court without notice to any person for an order for payment of the money into court, and the court may, on notice, if any, as it thinks necessary, make an order accordingly.
(8) The receipt of the proper officer of the court is sufficient discharge to the insurer for the insurance money paid into court under subsection (7), and the insurance money must be dealt with as the court may order on application of any interested person.
160 (1) Despite anything in it to the contrary, every contract evidenced by a motor vehicle liability policy is, for the purposes of this section, deemed to provide all the types of coverage mentioned in section 150 (1) (a) to (e); but the insurer is not liable to a claimant in respect of coverage in excess of the limits mentioned in section 151.
(2) If one or more contracts provide for coverage of a type referred to in section 148 or 149, except as provided in subsection (4), the insurer must not
(a) with respect to that type of coverage, and
(b) as against a claimant
avail itself of any defence that it is entitled to set up against the insured.
(3) If one or more contracts provide for coverage in excess of the limits referred to in section 151, except as provided in subsection (4), the insurer may,
(a) with respect to the coverage in excess of those limits, and
(b) as against a claimant,
avail itself of any defence that it is entitled to set up against the insured, despite section 159 (4).
(4) If a contract provides coverage of the type referred to in section 149 (a) in respect of an automobile operated in the business of carrying passengers for compensation or hire and insured for that purpose, the insurer may,
(a) with respect to that type of coverage, and
(b) as against a claimant,
only avail itself of a defence that it is entitled to set up against the insured in respect of that part of the coverage, if any, that exceeds
(c) the limits referred to in section 151, or
(d) the minimum limits required for that type of coverage by or under any other Act,
whichever is the greater.
161 (1) The insured must reimburse the insurer on demand in the amount that the insurer has paid by reason of this section and that it would not otherwise be liable to pay.
(2) If an insurer denies liability under a contract evidenced by a motor vehicle liability policy, it may issue and serve a third party notice and be made a third party in any action to which the insured is a party and in which a claim is made against the insured by any party to the action in which it is or might be asserted that indemnity is provided by the contract, whether or not the insured enters an appearance or defence in the action.
(3) On being made a third party, the insurer may
(a) contest the liability of the insured to any party claiming against the insured,
(b) contest the amount of any claim made against the insured,
(c) deliver any pleadings in respect of the claim of any party claiming against the insured,
(d) have production and discovery from any party adverse in interest, and
(e) examine and cross examine witnesses at the trial,
to the same extent as if it were a defendant in the action.
(4) An insurer may avail itself of subsection (3) even though another insurer is defending in the name and on behalf of the insured an action to which its insured is a party.
162 To determine the liability of an insurer under section 160 (1), excess coverage is deemed to be,
(a) in respect of policies issued or renewed before July 1, 1958, coverage in excess of $5 000, exclusive of interest and costs, for loss or damage resulting from bodily injury to or the death of any one person, and, subject to such limit for any one person so injured or killed, of at least $10 000, exclusive of interest and costs, for loss or damage resulting from bodily injury to or the death of 2 or more persons in any one accident, or, in the case of property damage, to the limit of $1 000, exclusive of interest and costs, for damage to property resulting from any one accident,
(b) in respect of policies issued or renewed between July 1, 1958 and May 31, 1961, inclusive, coverage in excess of $10 000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of any one person, and, subject to such limit for any one person so injured or killed, of at least $20 000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or death of 2 or more persons in any one accident, or, in case of property damage, to the limit of at least $2 000, exclusive of interest and costs, for damage to property resulting from any one accident,
(c) in respect of policies issued or renewed between June 1, 1961 and May 31, 1962, inclusive, coverage in excess of $25 000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property,
(d) in respect of policies issued or renewed between June 1, 1962 and June 30, 1965, inclusive, coverage in excess of $35 000, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property, and
(e) in respect of policies issued or renewed after June 30, 1965, coverage in excess of the limits mentioned in section 151.
163 (1) Every insured against whom an action is commenced for damages occasioned by an automobile must give notice of it in writing to the insurer within 5 days after service of every notice or process in the action.
(2) Every insured against whom an action is commenced for damages occasioned by an automobile must, on recovery of a judgment against the insured, disclose to a judgment creditor entitled to the benefit of any motor vehicle liability policy particulars of the contract within 10 days after written demand for it.
164 Subject to section 134 (1), the insurer may provide in a contract those exclusions and limitations, in respect of loss of or damage to or the loss of use of the automobile, as it considers necessary.
165 (1) A contract or part of a contract providing insurance against loss of or damage to an automobile and the loss of use of it may contain a clause to the effect that, in the event of loss, the insurer must pay only
(a) an agreed portion of any loss that may be sustained, or
(b) the amount of the loss after deduction of a sum specified in the policy,
and in either case not exceeding the amount of the insurance.
(2) If a clause is inserted in accordance with subsection (1), there must be printed or stamped on the face of the policy in conspicuous type the words "This policy contains a partial payment of loss clause".
166 (1) If a claim is made under any contract other than a contract evidenced by a motor vehicle liability policy, the insurer must, despite any agreement, adjust the amount of the claim with the insured named in the contract as well as with any person having an interest indicated in the contract.
(2) If notice is given or proof of loss is made by a person other than the insured, because the insured cannot be located or neglects or refuses or is unable to give notice and make claim under statutory conditions 4 and 7 in section 138, the insurer may, despite subsection (1) but in any event not earlier than 60 days from delivery of the proof required under subcondition (1) (c) of statutory condition 4 adjust and pay the claim to the other person having an interest indicated in the contract.
167 (1) If an insurer provides in a contract insurance against loss resulting from bodily injury to or the death of a person insured arising out of an accident involving an automobile if
(a) there is legal liability of another person for the injury or death, and
(b) the other person has no insurance against that person’s liability therefor or that person cannot be identified,
that insurance applies only in respect of
(c) any person who sustains bodily injury or death while driving, being carried in or on, or entering or getting on to or alighting from the described automobile in respect of which insurance of the class referred to in paragraph (a) of the definition "automobile insurance" in section 1 is provided under the contract, and
(d) the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving, being carried in or on, or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.
(2) The insurance mentioned in subsection (1) does not apply in respect of a person specified in it who has a right of recovery under legislation of any other province or territory of Canada or of any state or the District of Columbia of the United States of America similar to the Traffic Victims Indemnity Fund Act, 1961.
168 (1) If in a contract an insurer provides insurance against expenses for medical, surgical, dental, ambulance, hospital, professional nursing or funeral services, the insurance applies only in respect of reasonable expenses
(a) of or incurred for any person who sustains bodily injury or death while driving or being carried in or on or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in paragraph (a) of the definition of "automobile insurance" in section 1 is provided under the contract, and
(b) of the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the insured named in the contract who sustains bodily injury or death while driving or being carried in or on or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the contract for the purposes of that insurance.
(2) If an insurer makes a payment under a contract of insurance referred to in subsection (1), the payment constitutes, to the extent of that payment, a release by the insured person or his or her personal representatives of any claim that the insured person or the personal representatives or any person claiming through or under him or her or by virtue of the Family Compensation Act may have against the insurer and any other person who may be liable to the insured person or the personal representatives if that other person is insured under a contract referred to in subsection (1), but nothing in this subsection precludes an insurer from demanding, as a condition precedent to payment, a release to the extent of the payment from the person insured or the personal representatives or any other person.
(3) The insurance mentioned in subsection (1) (a) is a first loss insurance, and any other automobile insurance of the same type available to the injured person or in respect of a deceased person is excess insurance only.
(4) The insurance mentioned in subsection (1) (a) is excess insurance to any other insurance not being automobile insurance of the same type indemnifying the injured person or in respect of a deceased person for the expenses.
(5) The insurance mentioned in subsection (1) (b) is excess insurance to any other insurance indemnifying the injured person or in respect of a deceased person for the expenses.
169 (1) In every contract providing accident insurance benefits in respect of the death of or injury to an insured person arising out of an accident involving an automobile, the insurance applies in respect of
(a) any person who sustains bodily injury or death while driving or being carried in or on or entering or getting on to or alighting from or, if not the occupant of another automobile, as a result of being struck by an automobile owned by the insured named in the contract in respect of which insurance of the class mentioned in paragraph (a) of the definition "automobile insurance" in section 1 is provided under the contract, and
(b) the insured named in the contract and his or her spouse and any dependent relative residing in the same dwelling premises as the named insured who sustains bodily injury or death while driving or being carried in or on or entering or getting on to or alighting from or as a result of being struck by any other automobile that is defined in the policy for the purposes of the insurance.
(2) If an insurer makes a payment under a contract of insurance to which subsection (1) refers, the payment constitutes, to the extent of such payment, a release by the insured person or his or her personal representatives of any claim that the insured person or the personal representatives or any person claiming through or under him or her or by virtue of the Family Compensation Act may have against the insurer and any other person who may be liable to the insured person or the personal representatives if that other person is insured under a contract of the same type as is specified in subsection (1), but nothing in this subsection precludes an insurer from demanding, as a condition precedent to payment, a release to the extent of the payment from the person insured or the personal representatives or any other person.
(3) Subject to subsection (5), the insurance referred to in subsection (1) (a) is a first loss insurance, and any other automobile insurance of the same type available to the injured person or in respect of a deceased person is excess insurance only.
(4) Subject to subsection (5), the insurance referred to in subsection (1) (b) is excess insurance over any other automobile insurance of the same type available to the injured person or in respect of a deceased person.
(5) If a person is entitled to benefits under more than one contract providing insurance of the type referred to in this section, the person or his or her personal representative or any person claiming through or under him or her or by virtue of the Family Compensation Act may recover only an amount equal to
(a) one benefit, if the benefits under the contracts are of the same limit, or
(b) the highest benefit, if the benefits under the contracts are not of the same limit.
170 (1) If a person, entitled to benefits provided by insurance under sections 152, 168 and 169 or either of them,
(a) is an occupant of a motor vehicle involved in an accident, the insurer of the owner of the motor vehicle must, in the first instance, pay the benefits provided by the insurance, or
(b) is not an occupant of a motor vehicle but is struck by a motor vehicle, the insurer of the owner of the motor vehicle must, in the first instance, pay the benefits provided by the insurance,
without prejudice to the rights of the insurer of the owner against any other person or his or her insurer.
(2) Nothing in this section affects the operation of sections 168 (2) to (5) and 169 (2).
171 (1) If a person is injured or killed in an accident in British Columbia involving an automobile, that person or his or her personal representative may serve
(a) a demand by registered mail on the owner of the automobile, or
(b) a demand by registered mail on the insurer of the owner of the automobile,
requiring the owner or insurer, as the case may be, to state in writing to the person making the demand whether or not that owner has insurance of the type referred to in section 168 or 169, or either of them, and, if the demand is made under paragraph (a), requiring the owner, if he or she has that insurance, to state the name of the insurer.
(2) An owner or insurer who does not, within 10 days after receiving a demand made under subsection (1), comply with the demand commits an offence.
172 Any person insured by but not named in a contract to which section 168 or 169 applies may recover under the contract in the same manner and to the same extent as if named in it as the insured, and for that purpose is deemed to be a party to the contract and to have given consideration therefor.
173 (1) If an insurer admits liability for insurance money payable under section 167, 168 or 169, and it appears that
(a) there are adverse claimants,
(b) the whereabouts of an insured person entitled is unknown, or
(c) there is no person capable of giving and authorized to give a valid discharge for it who is willing to do so,
the insurer may, at any time after 30 days after the date on which the insurance money becomes payable, apply to the court without notice to any person for an order for payment of the money into court, and the court may on the notice, if any, that it thinks necessary make an order accordingly.
(2) The receipt of the proper officer of the court is sufficient discharge to the insurer for the insurance money paid into court, and the insurance money must be dealt with as the court orders.
174 Every action or proceeding against an insurer under a contract in respect of insurance to which section 167, 168 or 169 applies must be commenced within the limitation period specified in the contract, but in no event must the limitation period be less than one year after the happening of the accident.
175 (1) If a person makes a claim for damages in respect of bodily injury or death sustained by the person or any other person while driving or being carried in or on or entering or getting into or alighting from, or as a result of being struck by, an automobile, he or she must furnish the person against whom the claim is made full particulars of all insurance available to the claimant under a contract referred to in section 152, 168 or 169.
(2) If a claimant is entitled to the accident insurance benefits set out in the Schedule, payments paid to the claimant, or to which the claimant is entitled, under the Schedule constitute, to the extent of the payments paid to the claimant, or to which the claimant is entitled, a release by the claimant or the claimant’s personal representatives of any claim that the claimant or the personal representatives or any person claiming through or under them or by virtue of the Family Compensation Act may have against any person liable to the claimant or the personal representative, or against that person’s insurer.
(3) If a claimant, entitled to the accident insurance benefits set out in the Schedule, receives payment from any person in respect of the same accident, there must be deducted from the amount of payment receivable by that claimant, other than a payment under the Schedule, a sum equal to the amount paid to the claimant, or to which the claimant is entitled under the Schedule.
176 Subject to section 134 (1) and to the approval of the superintendent, an insurer may in a policy
(a) provide insurance that is less extensive in scope than the insurance referred to in section 167, 168 or 169, and
(b) provide the terms of the contract that relate to the insurance referred to in section 167, 168 or 169.
177 (1) Subject to section 156, insurance under a contract evidenced by a valid owner’s policy of the kind referred to in section 1 is, in respect of liability arising from or occurring in connection with the ownership, use, or operation of an automobile owned by the insured named in the contract and within the description or definition of it in the policy, a first loss insurance, and insurance attaching under any other valid motor vehicle liability policy is excess insurance only.
(2) Subject to sections 156, 168 and 169 and to subsection (1) of this section, if the insured named in a contract has or places any other valid insurance, whether against liability for the ownership, use, or operation of or against loss of or damage to an automobile or otherwise, of his or her interest in the subject matter of the contract or any part of it, the insurer is liable only for its rateable proportion of any liability, expense, loss or damage.
(3) "Rateable proportion" referred to in subsection (2) means
(a) if there are 2 insurers liable and each has the same policy limits, each of the insurers is liable to share equally in any liability, expense, loss or damage,
(b) if there are 2 insurers liable with different policy limits, the insurers are liable to share equally up to the limit of the smaller policy limit, or
(c) if there are more than 2 insurers liable, paragraphs (a) and (b) apply with the necessary changes and so far as is applicable.
178 (1) An insurer who makes any payment or assumes liability for it under a contract is subrogated to all rights of recovery of the insured against any person and may bring action in the name of the insured to enforce those rights.
(2) If the net amount recovered whether by action or on settlement is, after deduction of the costs of the recovery, not sufficient to provide complete indemnity for the loss or damage suffered, the amount remaining must be divided between the insurer and the insured in the proportion in which the loss or damage has been borne by them.
(3) If the interest of an insured in any recovery is limited to the amount provided under a clause in the contract to which sections 164 and 165 apply, the insurer has control of the action.
(4) If the interest of an insured in any recovery exceeds that referred to in subsection (3), and the insured and the insurer cannot agree as to
(a) the solicitors to be instructed to bring the action in the name of the insured,
(b) the conduct and carriage of the action or any matters pertaining to it,
(c) any offer of settlement or the apportionment of it, whether action has been commenced or not,
(d) the acceptance of any money paid into court or the apportionment of it,
(e) the apportionment of costs, or
(f) the launching or prosecution of an appeal,
either party may apply to the court for the determination of the matters in question, and the court must make an order that it considers reasonable having regard to the interests of the insured and the insurer in any recovery in the action or proposed action or in any offer of settlement.
(5) On an application under subsection (4), the only parties entitled to notice and to be heard are the insured and the insurer, and no material or evidence used or taken on the application is admissible on the trial of an action brought by or against the insured or the insurer.
(6) A settlement or release given before or after an action is brought does not bar the rights of the insured or the insurer, as the case may be, unless they have concurred in it.
179 (1) In this section and in sections 180 to 188: "automobile board" means the British Columbia Automobile Insurance Board referred to in section 185, "rating bureau" means any association or body, whether incorporated or not, which sets or promulgates or assumes to set or promulgate rates of premium to be charged for contracts of insurance made by insurers which are members of the association or body.
(2) A rating bureau and an insurer or other person must not fix or make for, or offer or charge to, any person by reason of his or her being one of a group engaged in the same trade, calling, profession or occupation, or of his or her membership in any club, society, union, guild or other association, or of common employment, or of common occupancy of the same building or group of buildings, or for any other reason, a lower rate of premium under a contract of automobile insurance than the person would pay under the contract if the reasons previously mentioned did not exist; and every rating bureau, insurer and person who violates this section commits an offence against this Act.
(3) This Act does not prohibit the setting or charging of a special rate for the insurance of 2 or more vehicles owned by and registered in the name of the same person, except where the owner is engaged in the business of leasing the vehicles and the vehicles are the subject of a leasing agreement for a period in excess of 30 days.
(4) This section does not prohibit the setting or charging of a special rate for the insurance of 2 or more vehicles of a lessor that are rented to the same lessee.
180 (1) A rating bureau must, immediately after adoption, file in the office of the superintendent or the automobile board certified copies of its constitution, articles of association, and bylaws, and a list of its members and their addresses, and after that must file in the office of the superintendent or the automobile board every amendment, revision or consolidation of its constitution, articles of association and bylaws, and notice of the admission of new members and the withdrawal of former members, within 30 days after the passing or adoption of the amendment, revision or consolidation, or after the admission or withdrawal of the members.
(2) A rating bureau and an insurer that has a business authorization must make a return under oath to the superintendent or the automobile board in a form and at times required, showing every schedule of rates set, made or charged by them, together with further or other information concerning the rates he or she requires.
(3) A rating bureau and an insurer that has a business authorization must give to the superintendent or the automobile board at least 10 days notice of any change in the schedules of rates or rules applicable to it filed with the superintendent or the automobile board under subsection (2), and must file with the superintendent or the automobile board amended schedules verified under oath showing particulars of all changes before their effective date.
(4) A rating bureau or an insurer that has a business authorization that, having filed its schedules of rates under this section, sets, makes or charges a rate or accepts a premium that deviates from the schedules of rates set and filed with the superintendent or the automobile board for, and the rules applicable to, any risk or class of risks is guilty of an offence, unless
(a) the deviation must have been agreed by the insured in writing,
(b) the deviation must be justified to the satisfaction of the superintendent or the automobile board, or
(c) the insured is insuring a fleet of vehicles under common ownership numbering not less than 5.
(5) An insurer or insurance agent must not deviate from the schedule of rates filed by way of refund of any part of the premium payable in respect of a policy of automobile insurance other than in accordance with the provisions of this Part or any other Act relating to insurance.
181 (1) The superintendent or the automobile board may, on written complaint by an insurer or an insured that discrimination exists or on information filed with the superintendent or the automobile board deemed sufficient to justify an investigation, give notice in writing to a rating bureau or insurer, requiring that rating bureau or insurer to file with the superintendent or the automobile board any schedules of rates or particulars showing how any specific rate is made up and any other information that is required.
(2) The rating bureau or insurer must, within 5 days after the receipt of the notice, file with the superintendent or the automobile board the schedules, particulars and other information required.
(3) The superintendent or the automobile board may, within 30 days after the receipt of the information required, make an order prohibiting any rate that, in his or her or its opinion, is discriminatory and directing that the discrimination be removed.
(4) The superintendent or the automobile board must immediately deliver to the rating bureau or insurer a copy of the order and reasons for it, and must have notice of it published immediately in the Gazette.
(5) A rating bureau or insurer must not remove the discrimination by increasing the rates on any risk or class of risks affected by the order unless it be made to appear to the satisfaction of the superintendent or the automobile board that the increase is justifiable.
(6) A rating bureau, insurer or other person failing to comply with the order commits an offence.
182 (1) It is the duty of the superintendent or the automobile board, after due notice and a hearing before him or her or it, to order an adjustment of the rates for automobile insurance whenever it is found by the superintendent or the automobile board that any of the rates are excessive, inadequate, unfairly discriminatory or otherwise unreasonable.
(2) A rating bureau, insurer or other person failing to comply with the order commits an offence.
(3) A rate charged by an insurer in any area for any classification of risk must not be presumed to be excessive for the sole reason that a lower rate is charged by a competing insurer in the same area and for a similar classification of risk.
(4) An order made must not take effect for a period of 10 days after its date.
183 The superintendent or any person authorized under his or her hand and seal of office, or any member of the automobile board or any person authorized by it for the purpose, at all times has access to all books, securities or documents of a rating bureau or insurer that are related to the schedules of rates of the rating bureau or insurer, and any officer or person in charge, possession, custody or control of those books, securities or documents who refuses or neglects to afford access commits an offence.
184 (1) The superintendent or the automobile board may inquire into any question that an insurer, insured or a rating bureau may bring before him or her or it with regard to insurance rates set by a rating bureau or charged by an insurer and also with regard to any other question arising out of the relationship or proposed relationship of the parties with reference to the insurance in question.
(2) The superintendent or the automobile board must not make an order in an inquiry under this section, but the result of the inquiry must be reported in the superintendent’s or the board’s annual report.
185 (1) The Lieutenant Governor in Council may establish a board to be known as the British Columbia Automobile Insurance Board, consisting of a chair and that number of other members as the Lieutenant Governor in Council may appoint.
(2) The Lieutenant Governor in Council must appoint one of the members of the board as chair of the board and another member as vice chair of the board to act in the absence or incapability of the chair.
(3) A member of the board holds office for a term that may be set by the Lieutenant Governor in Council or until the appointment is sooner revoked, or the member sooner resigns or dies.
(4) A member of the board who is not a public service employee within the meaning of the Public Service Act may be paid any remuneration for his or her services as a member of the board as the Lieutenant Governor in Council may determine, and all the members of the board may be reimbursed for any out of pocket expenses incurred by them in the performance of their duties as members of the board in accordance with general directives of the Treasury Board.
186 (1) Subject to the approval of the Lieutenant Governor in Council, the board may make rules governing its own procedure.
(2) A majority of the members of the board is a quorum.
(3) The board and each member of the board has the powers of a commissioner under Part 2 of the Inquiry Act.
187 (1) The board has the duties, functions and powers as may be imposed on or granted to it under this Act or under any other Act.
(2) Without limiting subsection (1), the board may do any of the following:
(a) investigate all matters respecting automobile insurance in British Columbia, including rates, coverage, cost and benefits provided, and make recommendations to the minister;
(b) correlate statistical data to establish in each year the maximum premium chargeable by insurers for insurance required under this Part;
(c) administer money paid to the board under any other Act for the purpose of
(i) automobile driver education and training, or
(ii) research respecting automobile and highway safety;
(d) make recommendations to the minister respecting the provision of automobile insurance by the government in the event of failure or refusal by insurers to provide adequately for automobile insurance for the persons entitled to that insurance.
188 (1) In this section, "agent" means an insurance agent licensed under Division 2 of Part 6 of the Financial Institutions Act and authorized by a licensed insurer on its behalf to solicit and receive applications for insurance and to collect premiums, and whose compensation or profit for that consists wholly of a commission on premiums derived from such business.
(2) The commission on any policy issued at the head office of an insurer in British Columbia must be paid to an agent, and there must be written on the policy the words "Issued on behalf of ________________, resident authorized agent at ________________", with the name of the agent and of the place where the agent carries on business.
(3) The person in charge of the head office of an insurer in British Columbia must immediately, on the issue of a policy at the head office, notify the agent of the date of the policy, the name of the insured and the property insured.