Photo: File photo

A Keremeos orchard company has filed a lawsuit against ICBC, claiming the insurance provider is in the wrong following a truck fire.

A public civil claim filed this week in Penticton claims that Rajvinder Dhaliwal of A&M Orchards Ltd. was operating an insured 2000 Dodge truck on Aug. 26, 2020 when Dhaliwal was involved in an accident with another vehicle on 125 East Road in Keremeos.

The crash allegedly resulted in a vehicle fire and, as a result, the truck was deemed a total loss.

A claim was made under the vehicle's insurance policy provided by ICBC, and A&M claims ICBC conducted a fulsome investigation, which included speaking with Dhaliwal.

The investigation was allegedly completed in March 2023.

The orchard was then contacted on March 20, 2023, at which time they claim ICBC told them they were in breach of their policy due to an alleged "false statement" made by A&M, details of which are not outlined in the suit.

"[A&M Orchards], as insured, has complied with all the terms and conditions of the policy and the act and have made payment of premiums, and are therefore, entitled to coverage under the policy with respect to any and all property damage arising from the accident," the civil claim reads.

"ICBC has wrongfully demanded that [A&M Orchards] reimburse or repay ICBC for monies paid by ICBC, on behalf of [A&M Orchards] under the terms of the policy for any personal injury and property damage to third parties as result of the accident."

A&M is seeking $25,000 they attest they are owed as per their coverage, along with interest and any further relief the court may give.

Castanet reached out to ICBC for comment. They responded in an emailed statement that they have not yet received a copy of the claim.

"Once received, our legal team will review the action and prepare a response. As this matter is before the court, ICBC has no further comment at this time," they said.

None of the allegations in the lawsuits have been proven in court, and all named parties have a right to respond with countersuits should they choose to do so.