Don't Lie To Your Insurer – It Doesn't Pay Well

Insured lost right to indemnity pursuant to insurance contract by misrepresenting to the insurer that she was not the driver of her vehicle in a motor vehicle accident.

Insurance law – Automobile insurance – Fraud – Ownership of vehicle – Relief against forfeiture – Automobile insurance – Ownership, use or operation of motor vehicle – Policies and insurance contracts – Relief against forfeiture

Wong v. Aviva Insurance Co. of Canada, [2024] O.J. No. 765, Ontario Superior Court of Justice, February 22, 2024, S. Antoniani J.

Following a motor vehicle accident, the insured driver was found to have colluded with her mother and the driver of the other vehicle to misrepresent the insured's mother as the driver rather than the insured because the insured believed her driver's license had expired. In the personal injury lawsuit brought by the driver of the other vehicle, it came to light that the insured had been driver. The insurer denied coverage. The Court held