b'LEGAL COLUMNINSURANCE DEDUCTIBLES BY JEREMY BURGESS, PUSHOR MITCHELLWITHOUT PROPER NOTICE, THEY ARENT PAYABLE so printed or stamped, the clause is not binding on the insured.t is no secret that insurers arethe insurance contract was subject to a I motivated to find ways to$250,000 deductible. The DefendantThe Court found and the Defendant deny part or all of a claim.insurer had paid out the Plaintiffsconceded that the subject policy did While such denials can beclaim, less $250,000 for the deductible.not comply with s. 31; however, the firmly grounded and properly made,The Plaintiffs position was that thereDefendant argued that it would be other times the denial may be based onwas no deductible, as the Defendantsinequitable for the deductible to not a tenuous interpretation of the facts,policy did not comply with s. 31 of theapply as the Plaintiff knew that the law and policy wording or just plainInsurance Act, S.B.C. 2012, c. 1, policy was intended to contain a wrongfully made.which reads: deductible. The Defendants claims included prayers for rectification (the court amending a contract to In the case of PCL Constructors Westcoast31A contract containinginclude terms intended by the parties),Inc. v Royal & Sun Alliance Insurance(a) a deductible clause promissory estoppel (a party may be Company of Canada, 2019 BCSC 822must have printed or stamped on itsprecluded from acting in breach of a (CanLII) the Plaintiff made a claimfirst page in conspicuous bold typelegally enforceable promise) and a duty concerning a course of constructionthe words This policy contains aof honest contractual performance (a insurance policy. The central issueclause which may limit the amountparty must not capriciously performbefore the court was whether or notpayable and, unless these words area contract).General Contracting Industrial CommercialProudly Serving the Kootenays since 199422 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'