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ARTICLE · 30 OCTOBER 2019

Don't "Waive" Goodbye To Your Right To Deny Coverage

Norton Rose Fulbright Canada LLP
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In a recent decision, Bradfield, the Ontario Court of Appeal held that a liability (motor vehicle) insurer was entitled to deny coverage to an insured mid-defence based on newly discovered facts.

CanadaInsurance
Aaron Stephenson
Aaron Stephenson
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In a recent decision, Bradfield1, the Ontario Court of Appeal held that a liability (motor vehicle) insurer was entitled to deny coverage to an insured mid-defence based on newly discovered facts. The doctrines of waiver and promissory estoppel were not barriers to the insurer's denial of coverage.

Background

D held an M2 driver's license that prohibited him from driving with any alcohol in his bloodstream.

B, C, D and L were involved in a motor vehicle accident. D was killed and C was badly injured.

C filed a claim against B, D (through D's estate) and L.

D was defended by his motor vehicle insurer (the Insurer). However, more than three years after the accident and more than one year after C filed his claim, L testified in a discovery that D and B were drinking alcohol shortly before the accident.

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