A recent Court of Appeal decision1 has clarified two
issues that are of relevance to insurers involved in priority
disputes.
Both appeals involved individuals who were claiming accident
benefits although they were listed as excluded drivers in their
parents' policies.
The first issue relates to whether excluded drivers in
a household may be entitled to accident benefit coverage from the
insurers who issue the given policy.
The second issue relates to what is the appropriate standard of
review for an insurance arbitrator's decision involving
specialized expertise.
Case No. 1
Mr. Rupolo was injured while riding as a passenger in his
girlfriend's car. The car was insured by State Farm. Mr. Rupolo
applied to his parents' insurer, The Dominion, for accident
benefits. The Dominion took the position that Mr. Rupolo was not an
"insured person" for the purposes of the SABS as he and
his parents had previously signed an Excluded Driver
Endorsement due to his |
