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ARTICLE · 22 APRIL 2015

SCC Finds Nexus In Zurich v. Chubb

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The Supreme Court of Canada has reversed the Ontario Court of Appeal's decision in Zurich v. Chubb.

CanadaInsurance
Daniel Strigberger
Daniel Strigberger
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The Supreme Court of Canada has reversed the Ontario Court of Appeal's decision in Zurich v. Chubb.

The claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency. On September 23, 2006, she had an accident and was injured. No other vehicle was involved.

Wheels4Rent offered an optional accident policy providing coverage in the event of accidental loss of life and injury. Chubb was the insurer of the optional policy. The claimant declined the optional policy. After the accident, the claimant applied for benefits under the optional policy. Chubb declined to provide benefits on the basis that the optional policy was not a motor vehicle policy, but rather was a commercial policy. In other words, Chubb refused to accept her application on the basis that it was not an automobile insurer with respect to her claims.

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