Driver is suing ICBC after it denied to cover loss of leased $200,000 Porsche that caught on fire after he was driving at motorsports club
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A Richmond driver’s exhilaration at driving his Porsche on an enclosed motorsports track came to a crashing halt when he discovered ICBC won’t cover his loss after fire destroyed the car.
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Alexander Paquette has filed a lawsuit against the Crown corporation that has a monopoly on basic insurance for all drivers in B.C., which says ICBC should cover him because he wasn’t racing or passing others at the track in the southern Interior.
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He’s alleging ICBC breached his contract it and he’s claiming compensation loss of the vehicle which he said is worth more than $200,000, plus towing and other damages.
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ICBC’s letter denying coverage “did not allege that the plaintiff had driven the vehicle in an unsafe or illegal manner, nor allege any improper maintenance,” according to the lawsuit filed in B.C. Supreme Court.
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Paquette said he “did not breach the policy and therefore is entitled to the insurance coverage he contracted for,” it said.
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Two years ago, Paquette was driving his 2019 Porsche 911 GT3 RS at Area 27 Motorsports Park in Oliver, “performing laps in a non-racing environment,” according to the claim.
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He and his grandmother had leased the car from an Ontario company and the lawsuit said he had her permission to take it to the track.
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Area 27, which was designed by racing legend Jacques Villeneuve and opened in 2017, is an exclusive motorsports club that charges a $60,000 initiation to join and has a sold out membership of 400. Its rules and regulations for members and guests run 17 pages long and focuses heavily on safe practices and lapping (passing) only under specific conditions, according to its website.
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Paquette drove the Porsche “without competitive passing or engaging in any racing activities with others,” the lawsuit says.
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The car malfunctioned and caught fire and the track’s crew had to extinguish the flames, it said. The car wasn’t driveable and was an “obvious total loss.”
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Paquette reported the loss to ICBC and had it towed from Oliver to Richmond to make it available for inspection and provided ICBC with the certificate of loss, maintenance records and the original build sheet, the claim said.
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ICBC didn’t immediately inspect the vehicle despite Paquette’s frequent offers and he was told his claim was under review, according to the lawsuit.
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More than a year later, an ICBC employee inspected the vehicle and Paquette provided him with more maintenance records that he requested, it said.
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Five months after that, ICBC sent him a letter informing him loss coverage was denied because of breach of contract.
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Specifically the denial letter said the car was used in an “excluded activity” under the Insurance (Vehicle) Act, which states the policy doesn’t apply when a vehicle is used in a “contest, show or race or in advanced or performance training” on a track or location closed to traffic.
