People injured in automobile accidents in British Columbia may be entitled to British Columbia’s statutory benefits regardless of the conditions contained in their insurance policy

A person injured in British Columbia and insured through an out of province automobile insurance policy may be entitled to British Columbia’s statutory accident benefits.  The key issue in determining the extent of benefits available to an insured will be whether the insurance company is a signatory to the Power of Attorney Undertakings – often referred to as the PAUs.  The PAUs prohibit an insurance company from raising an exclusion that would not be available had the policy of insurance been issued in British Columbia.  Exclusion has been interpreted broadly and may have the effect of increasing policy limits and writing in coverage that is not contained in the out of province insurance policy.  Consideration should be given to the jurisdiction in which the action to determine the extent of the insured’s entitlement to benefits is made.

Here is an article that Kim Jakeman and I wrote on this issue in the spring of 2006.

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