ONSC "Permits" Insured's Coverage Request

The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy.

In O'Connell v. The Personal Insurance Company, the applicant's girlfriend asked to borrow his vehicle, insured with The Personal, while she was moving a cat and some other items to a new apartment. While driving his vehicle, she was involved in an accident. It turned out that at the time of the accident, she was not authorized by law to drive a vehicle because she was driving alone and on a 400-series highway with only a G1 licence.

The evidence was that the insured and his girlfriend had been dating for roughly five months and the Applicant believed that his girlfriend had a valid driver's licence. The basis for his belief was that he had seen her showing it to gain entry into bars and clubs when they would go out.