ICBC urges caution as pedestrian injuries nearly double

ICBC urges caution as pedestrian injuries nearly double

Almost double the number of pedestrians are injured in crashes from October to January as the weather changes and daylight hours decrease.*

That’s why today, ICBC is launching a pedestrian safety campaign with police and TransLink to urge pedestrians and drivers to stay safe as crashes with pedestrians spike at this time of year.

Pedestrian safety is a serious concern in B.C. – they’re the most vulnerable road user to be injured when a crash occurs. Drivers should take extra time to look for pedestrians before turning especially near transit stops, avoid distractions and be ready to yield.

Pedestrians can help stay safe by making eye contact, watching for drivers turning left or right at intersections, and using designated crosswalks.

ICBC, TransLink and community policing volunteers will be handing out reflectors and safety tips in high pedestrian traffic areas across the province to help pedestrians stay visible.

This year’s campaign features online advertising that reminds drivers: you see pedestrians when you really look for them.

Learn more with ICBC’s infographic and tips.

Quotes:

Chief Constable Neil Dubord, Chair of the B.C. Association of Chiefs of Police Traffic Safety Committee

“This is the time of year when police see an increasing number of crashes involving pedestrians. We all have a part to play to make our streets safer. Drivers should know that distracted driving and failing to stop for people walking at intersections are some of the top factors in crashes with pedestrians. Pedestrians also need to be careful and aware. We encourage them to take out their headphones and take a break from the phone when crossing the road. Reflective gear, particularly on anything moving such as arms and legs, helps pedestrians be far more visible to drivers.”

Derek Stewart, TransLink Director of Safety and Emergency Management

“Everyone needs to be on the lookout for pedestrians, especially at this time of year when daylight hours are decreasing and weather conditions are changing. Pedestrians should never assume that they can be seen, even when using a crosswalk. Step out onto the street only when there’s certainty that it’s safe to do so. It’s vital that we all work together to avoid accidents or injuries involving pedestrians.”

Lindsay Matthews, ICBC’s Vice-President of Public Affairs and Driver Licensing

“Even when drivers proceed with caution, it’s hard to see pedestrians at this time of year when visibility is poor. Crashes with pedestrians are highest between 3pm and 6pm every day, when most of us are commuting home from school and work. Please focus on the road and leave your phone alone. It’s time we all do our part to create a safer driving culture in B.C.”

Regional statistics**:

  • In the Lower Mainland every year, on average, 2,300 crashes involve a pedestrian.

  • On Vancouver Island every year, on average, 390 crashes involve a pedestrian.

  • In the Southern Interior every year, on average, 280 crashes involve a pedestrian.

  • In the North Central region every year, on average, 87 crashes involve a pedestrian.


Editor’s note:
Pedestrian involved crash statistics for B.C. communities are available upon request.

*In B.C., 1,200 pedestrians are injured in crashes between October and January and 670 pedestrians are injured between May and August. ICBC data based on five year average from 2014 to 2018.

**ICBC data based on five-year average from 2014 to 2018.

“Hold on” for today’s Great BC ShakeOut – Nearly 1 million registered!

VANCOUVER, Oct. 17, 2019 /CNW/ – Join almost a million British Columbians as they “Drop, Cover and Hold On” during today’s 2019 Great British Columbia (BC) ShakeOut. The BC Earthquake Alliance and Insurance Bureau of Canada (IBC) are working together to present Canada’s largest earthquake drill on Thursday, October 17, at 10:17 a.m. Registration is already at a record high, and last-minute registrations may push the number over 1 million registrants.

Register today and encourage your family, friends and colleagues to do the same at www.ShakeOutBC.ca.

The Hon. Mike Farnworth, Minister of Public Safety and Solicitor General for BC, will be part of a media launch for the event today at Irvine Elementary School in Port Coquitlam. He said, “If you live in an active earthquake zone, knowing what to do when the shaking starts could save your life. ShakeOut is an important annual reminder to drop, cover and hold on, and I encourage all British Columbians to take the time to participate.”

Most of coastal BC is at high risk for an earthquake. There is a one-in-three chance that a significant earthquake will strike southwestern BC in the next 50 years. Participating in an emergency drill like ShakeOut, along with having an emergency kit and plan, is key to preparing ourselves and our families for earthquakes.

“Earthquakes don’t make appointments. We have to be ready when they arrive. Practising ‘Drop, Cover and Hold On’ builds muscle memory and is a great way to be prepared to survive and recover quickly,” stated Naomi Yamamoto, President of the BC Earthquake Alliance.

ShakeOut BC has been holding events since 2011, yet many people in the province still don’t know what to do in the event of an earthquake. To help better educate British Columbians, ShakeOut BC has created a series of informational videos that are available to share on YouTube, Facebook, Twitter and Instagram, and can be found using the hashtag #DontBeLeftOut.

“Everyone should be prepared to take immediate action once the shaking starts. By working together, we can make British Columbians safer and better prepared to cope when disaster strikes,” added Aaron Sutherland, Vice-President, Pacific, IBC.

Note to Editors:
If you work for a TV or radio station that will be airing the Great BC ShakeOut drill, celebrate your station’s commitment to earthquake preparedness by listing its name on the ShakeOut BC website. Just fill out this form.

About ShakeOut BC
ShakeOut BC earthquake drills help people at home, school and work practise how to be safe during an earthquake and provide an opportunity for everyone to improve their overall preparedness. By participating, you, your family, your co-workers and millions of others will be better prepared to survive and recover quickly following an earthquake. As of today, 65.6 million people worldwide are registered to participate in the October 17 drill, including more than 970,000 British Columbians currently registered to participate. Last year nearly 910,000 British Columbians participated.

About Insurance Bureau of Canada
Insurance Bureau of Canada (IBC) is the national industry association representing Canada’s private home, auto and business insurers. Its member companies make up 90% of the property and casualty (P&C) insurance market in Canada. For more than 50 years, IBC has worked with governments across the country to help make affordable home, auto and business insurance available for all Canadians. IBC supports the vision of consumers and governments trusting, valuing and supporting the private P&C insurance industry. It champions key issues and helps educate consumers on how best to protect their homes, cars, businesses and properties.

If you require more information, spokespeople from IBC and the Great BC ShakeOut are available to discuss the details in this media release.

SOURCE Insurance Bureau of Canada

www.ibc.ca

Earthquake: just 8% of Quebecers think their home is at risk

This is the month of the Great ShakeOut, and the Insurance Bureau of Canada is unveiling the results of a recent poll showing that just 8% of Quebecers think their home is at risk of damage because of an earthquake.

Know the risk to be better prepared
Of concern also is that 33% of them believe, mistakenly, that they are insured for earthquake risk, while only 4% of policyholders actually have coverage for this risk.** “These results are worrying when we know that Quebec has already experienced strong magnitude quakes and that the risk of a new one is only too real. The impact would be significant for the citizens affected and for the Quebec economy”, noted Pierre Babinsky, Director, Communications and Public Affairs, at IBC.

Virtual reality to create risk awareness
IBC’s awareness activities are ongoing and it is innovating to offer a unique virtual reality experience that allows participants to experience the impact of a quake from home.

The realistic experience and emotions created will allow Quebecers to experience the very real consequences of a quake in a home. “We fine tuned this tool so that it offers a realistic immersion for the participant. It’s a way of drawing attention to personal and material safety issues resulting from a quake”, added Mr. Babinsky.

The experience will be presented to the media and the public on October 16, 2019. For more information, please check our media invitation (in French only).

Three steps to protect yourself
Drop, Cover (under solid piece of furniture) and Hold On! These are the three steps to take in case of a quake, and the virtual reality experience shows how relevant they are.

In fact, these steps are practiced during the Great ShakeOut, an international drill held every year. There is still time to register free of charge on line to take part in this simulation on October 17, at 10.17 a.m.

* SOM Inc. poll carried out for Insurance Bureau of Canada, October 2019
** Earthquake coverage is added to the home insurance policy under an endorsement.

About Insurance Bureau of Canada
Insurance Bureau of Canada, which groups the majority of Canada’s P&C insurers, offers various services to consumers in order to inform and assist them when purchasing car or home insurance, or making a claim. For all other information, go to our website at bac-quebec.qc.ca/en/

SOURCE Insurance Bureau of Canada

Related Links

https://bac-quebec.qc.ca/

Glaring Fog Lamps

glaring fog lampsOne of the most common complaints I hear that is not about a moving violation concerns the use or misuse of lights on vehicles. Here is one of them: “What is really starting to annoy myself and many others is people driving with their fog lights on during clear nights or even during the day. Is this not an infraction? These lamps are often unreasonably bright.”

I agree with this reader, I also find many fog lamps unreasonably bright, even during the daytime. What’s to be done about it? The following information may help you to use these lights effectively and avoid causing problems for others.

First, let’s be sure we are all on the same page. Fog lamps are identified by the SAE F marking on the lens, or a B above the circle with the E in it on European lamps. In B.C. you are allowed two fog lamps that emit either white or amber light. They must be mounted on the front of the vehicle, below the headlamps, but not more than 30 cm below. When you switch them on, the parking lamps, tail lamps, licence plate lamp and, if required, clearance lamps must also illuminate.

Fog lamps may be used in place of headlamps if atmospheric conditions make the use of headlamps disadvantageous. Otherwise, fog lamps may be used at any time of the day or night and in fact are used as the daytime running lamps on some vehicles.

Vehicle lighting at the time of a vehicle’s manufacture is regulated by Transport Canada. Specifically, Technical Standards Document 108, which details construction, performance and location of lamps and reflectors.

Here in British Columbia, lighting use and maintenance is regulated in Division 4 of the Motor Vehicle Act Regulations. Essentially, it requires that the lights and reflectors that a vehicle was manufactured with must still be there and function as originally intended. Dimming of headlights and the times that vehicle lights must be used are also set out here.

I suspect that the unreasonable brightness comes from improper aim. Fog lamps must be adjusted and aimed so that, at a distance of 8 m from the lamp, the centre of the beam is at least 10 cm below the height of the fog lamp. Oddly enough, there is no tolerance specified as too low but anything higher than horizontal is too high.

There are other reasons that could contribute to problems. The use of LED replacement bulbs in housings designed for filament bulbs is one of them, along with using higher wattage filament bulbs than is intended. The Ministry of Transportation and Infrastructure publishes an inspection and approval protocol for vehicle lighting to help inspection facilities decide what to pass.

It is a good guide to follow if you are considering making modifications to your vehicle’s lighting system.

Scott Marshall from Young Drivers of Canada has some good tips on using your vehicle’s lights and fog lights when the weather is bad in this video:

ICBC encourages drivers to be prepared for changing road conditions over the Thanksgiving long weekend

ICBC encourages drivers to be prepared for changing road conditions over the Thanksgiving long weekend

As British Columbians get ready to celebrate Thanksgiving this weekend, ICBC is advising drivers that they may encounter challenging road conditions as they travel throughout the province.

The Thanksgiving long weekend has historically been one of the more dangerous long weekends on B.C. roads with an average of 2,200 crashes, nearly 700 people injured and four killed.*

It’s only a few weeks into fall and snow has already blanketed parts of B.C. As of October 1st, winter tires or chains are mandatory on many B.C. highways, including Highway 99 from Horseshoe Bay to Pemberton, the Malahat portion of Highway 1 on Vancouver Island, and most highways throughout the southern interior and northern B.C.

Keep in mind the following tips to stay safe:

  • Plan your route ahead of time. Check weather and road conditions on drivebc.ca before you get behind the wheel. Take long weekend traffic into account and allow extra time to get to your destination.

  • Check your tires. Winter tires or chains are now required on many B.C. highways. Winter tires are labelled with either the mountain/snowflake symbol or the mud and snow (M&S designation). Also, make sure your tires have adequate tread and are properly inflated.

  • Slow down on wet roads. Allow yourself at least twice the normal braking distance on wet, slippery roads or on roads covered in leaves. Keep in mind that posted speed limits are intended for ideal conditions.

  • Put your phone away. Focus on the road, minimize distractions and pay attention to your surroundings.

  • Watch for pedestrians and cyclists. Daylight steadily decreases with each passing day in October and it can be difficult to see pedestrians and cyclists, especially around intersections.

Regional statistics:

  • About 520 people are injured in 1,400 crashes in the Lower Mainland over the Thanksgiving long weekend.

  • About 84 people are injured in 290 crashes on Vancouver Island over the Thanksgiving long weekend.

  • About 58 people are injured in 300 crashes in the Southern Interior over the Thanksgiving long weekend.

  • About 19 people are injured in 140 crashes in North Central B.C. over the Thanksgiving long weekend.

*Thanksgiving weekend crashes are calculated from 18:00 the Friday prior to the holiday to midnight Monday. Crash and injury data is ICBC data (5-year average, 2014 – 2018). Fatality data is provided by police (5-year average, 2013-2017).

Named Insured And Additional Insured: Same Policy, Different Coverage

In the recent decision, Sky Solar (Canada) Ltd. v. Economical Mutual Insurance Company, 2019 ONSC 4165, the Ontario Superior Court of Justice undertook a comprehensive overview of three fundamental concepts of insurance law, namely, the scope of coverage, forfeiture and the duty of good faith.

This decision is of interest to insurers, as it clarifies the coverage language contained in Additional Insured Endorsements in the context of commercial general liability insurance. Furthermore, it provides clear demarcation between reasonable and improper conduct by insurers when assessing coverage.

Facts

Sky Solar (Canada) Ltd. (Sky Solar) is a developer of solar energy projects. In April 2012, Sky Solar and Marnoch Electrical Services Inc. (Marnoch) entered into two contracts for the construction of solar energy projects in Brampton and Bolton, Ontario. Pursuant to these contracts, Marnoch agreed to provide specified insurance coverages to Sky Solar.

Firstbrook, Cassie & Anderson Limited (FCA), Marnoch’s insurance broker, issued certificates of insurance confirming that Economical Mutual Insurance Company (Economical) had issued a commercial general liability policy (Policy) in connection with the projects. The certificates of insurance issued to Marnoch named Sky Solar as an Additional Insured under the Policy. Marnoch provided these to Sky Solar concurrently.

The Policy included an Additional Insured Endorsement, which stated:

“[the insurance] applies to those stated as ‘Additional Insureds’, but only with respect to liability arising out of the operations of the Named Insured.”

A defective transformer caught fire at one of the solar project locations. Sky Solar investigated the fire and, in spite of its conclusions, continued to use the same transformer from the same manufacturer at both project locations.

In November and December 2012, Sky Solar sold the solar energy projects to Firelight Solar Limited Partnership (Firelight). However, months later, another transformer ignited. This second fire caused total shutdowns at both solar energy project locations. Firelight claimed remediation costs and loss of income against Sky Solar based on contractual warranties.

Sky Solar settled the warranty claims with Firelight. In exchange, Firelight reassigned the benefit of Marnoch’s contractual warranties to Sky Solar. In September 2013, Sky Solar commenced arbitration proceedings against Marnoch for all of its losses resulting from the fires. An arbitral award dismissed Sky Solar’s claim, and the Superior Court of Justice dismissed the appeal that followed.

Desperate to minimize its losses, Sky Solar commenced an action against Economical and FCA. For the purposes of this blog post, we draw particular attention to three issues involving Economical. First, whether Sky Solar’s liability to Firelight is liability arising out of the operations of Marnoch. Second, whether Sky Solar forfeited coverage by failing to comply with conditions set out in the Policy. And third, whether Economical breached a duty of good faith owed to Sky Solar.

Decision

Scope of coverage: The loss did not “arise out of the operations of” Marnoch

The Court stated that “there [was] insufficient proximity between the decision taken by Sky Solar to continue to use the transformer and the failure of the transformer […], on the one hand, and Marnoch’s operational actions to order and install the transformer, on the other hand” to conclude that Sky Solar’s liability to Firelight arose out of Marnoch’s operations.

Sky Solar argued that “arising out of the operations of the Named Insured” must be given a broad meaning. The Court accepted this assertion and further explained, with reference to case law, that the words “arising out of” have been interpreted to include such meanings as “originating from”, “growing out of”, “flowing from”, “incident to”, or “having connection with” (Waterloo (City) v. Economical Mutual Insurance Co, 2006 CarswellOnt 8451, at paras 30-31).

In addition, the Court noted the phrase “arising out of” in the Additional Insured Endorsement should be construed as requiring “an unbroken chain of causation” and a connection that is more than merely incidental or fortuitous (Vernon Vipers Hockey Club v. Canadian Recreation Excellence (Vernon) Corporation, 2012 BCCA 291, at paras 28-52).

This conclusion drew upon the following findings in the arbitral award:

  • Marnoch’s scope of work was limited to the installation of solar equipment;
  • Sky Solar designed the photovoltaic system, the wiring and the type of equipment to be installed;
  • Sky Solar turned to Marnoch for help in locating an appropriate replacement transformer after the first fire;
  • Sky Solar was left to decide exclusively whether or not to accept the replacement transformer;
  • Marnoch was not asked for its views on the suitability of the replacement transformer, nor did it have expertise or technical knowledge to assess the relative advantages of different transformers; and
  • Sky Solar confirmed its approval of the replacement transformer.

In the Court’s view, the decision respecting the transformers to be installed at the solar project location rested entirely on Sky Solar. In other words, Marnoch located an appropriate replacement transformer, but ultimately Sky Solar approved the replacement. This “broke” the chain of causation required by the Additional Insured Endorsement.

Forfeiture: Sky Solar forfeited coverage by failing to comply with the conditions of the Policy

While the Court concluded that the Additional Insured Endorsement did not cover Sky Solar, it agreed to comment on Economical’s forfeiture submissions. Put briefly, the Court held that Sky Solar did not comply with the conditions of the Policy.

Economical argued that regardless of whether Sky Solar had coverage under the Additional Insured Endorsement, Sky Solar did not comply with the Policy when it “admitted liability to Firelight, settled Firelight’s claim, and voluntarily paid Firelight amounts for remediation costs and loss of revenue without [Economical’s] consent”. Stated differently, Economical relied on the insured’s post-loss duties to communicate and cooperate with the insurer.

Sky Solar addressed this with four submissions. First, Sky Solar maintained that Economical could not rely on the conditions of the Policy because it was not set out in the certificates of insurance in Sky Solar’s possession. The Court rejected this interpretation of the law by stating that the certificate “is nothing more than evidence of coverage, but cannot and does not create a separate and different policy or impose new duties on the insurer”.

Second, Sky Solar denied that it failed to comply with the conditions because the Policy used the words “you” and “your” to refer to the “Named Insured”, being Marnoch, which had provided a notice of loss to Economical via FCA. The Court, again, rejected that interpretation. An Additional Insured is not relieved from its obligation to comply with the Policy. In any event, the notice requirement was only one of several conditions. Another hurdle remained; Sky Solar had settled a claim without Economical’s consent.

Third, Economical lost the right to rely on the conditions when it advised Sky Solar of its denial to defend and indemnify under the Additional Insured Endorsement. The Court flatly countered this submission because Sky Solar paid a settlement amount to Firelight before asking Economical to defend the claim. The insurer may lose certain rights under a policy when it refuses “to defend an insured in circumstances where the policy stipulates that a defence is required.” However, that was not the case here.

Fourth, Sky Solar argued that it was entitled to relief from forfeiture because the evidence demonstrated that Economical would deny coverage regardless of compliance with the conditions of the Policy. Furthermore, Sky Solar argued that it mitigated its damages by settling with Firelight, and thus Economical was in no way prejudiced. Unsatisfied with the evidence adduced by Sky Solar regarding the absence of prejudice, the Court ultimately reasoned that there was “non-compliance,” as opposed to “imperfect compliance” with the Policy; therefore, if there had been coverage under the Policy, Sky Solar would have forfeited such coverage.

Duty of good faith: Economical did not act in bad faith

Although Economical initially denied that Sky Solar was an Additional Insured, Economical quickly acknowledged Sky Solar’s status as an Additional Insured less than two weeks later. The Court found that this conduct did not amount to bad faith.

Additionally, the Court noted that denying coverage without appointing an adjuster or conducting an investigation into the second fire did not breach the duty of good faith owed to the insured. Economical had denied coverage on an objectively reasonable basis, specifically, on the basis that Sky Solar had approved the transformers—not Marnoch.

Lastly, Sky Solar maintained that Economical improperly attributed different coverage to Marnoch and itself despite their identical status as insureds under the Policy. While this may make sense theoretically, the Court disagreed because coverage would have been tailored to each customer’s individual risk exposure. The Additional Insured Endorsement had clear language to that effect.

Takeaway

This decision highlights the importance of reviewing insurance policies prior to their issuance when the obligation to obtain insurance for a construction project falls squarely on another party. Indeed, an organization should consider whether an Additional Insured Endorsement is satisfactory in light of its risk exposure. If not, the construction contract should explicitly require that the organization be a Named Insured instead of an Additional Insured.

About Dentons

Dentons is the world’s first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world’s largest law firm, Dentons’ global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

Source: Mondaq

Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from ILSTV

You have Successfully Subscribed!

Pin It on Pinterest