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ICBC wins court battle with bodyshop


February 24, 2004   by Canadian Underwriter


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Capping a five-year legal battle, the Insurance Corp. of B.C. the province’s public auto insurer has won a B.C. Supreme Court verdict for $190,000 against a fraudulent bodyshop.
Eurosport Auto Co. Ltd. and its owner, Frederick Ngok Hwang, were ordered to pay $75,000 and $115,000 punitive damages for submitting bills for work that was never done and parts never installed. The offenses took place between January 1996 and February 1998. The punitive damages were split between Hwang ($50,000), Eurosport ($50,000) and Hwang’s wife, Patti ($15,000), while the compensatory damages included almost $29,000 in investigative costs.
In awarding punitive damages, Justice Parrett stated, “Fraud on the Corporation [ICBC] is, in reality, fraud on all the motorists of British Columbia and deserves such punishment as the civil courts can properly administer.”
Hwang and Eurosport have also been convicted of 12 counts contravening the Insurance Act, for total fines of $120,000.
ICBC hopes the decision will send a message to potential fraudsters, and ICBC COO Bill Goble notes the decision will also help keep the rates of other motorists lower.


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