Future ICBC Injury Benefit Deductions Clarified on Appeal

British Columbia Personal Injury Law Blog, ICBC Injury Benefits, ICBC Injury Claims Info, Personal Injury Appeals

  In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…

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Progressive Loses Subrogation in Personal Injury Claim

British Columbia Personal Injury Law Blog, Human Body in a Lawsuit, Motor Vehicle Accidents, Personal Injury Appeals

Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…

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