McArdle v. Bugler [2006] O.J. No. 3508, Ontario Superior Court of Justice
A passenger in a motor vehicle owned and operated by an uninsured Defendant was not covered by the uninsured motorist coverage of the policy insuring the other vehicle involved in the collision.
The Plaintiff was a passenger in a motor vehicle owned and operated by an uninsured Defendant. She was injured when that vehicle collided with another vehicle operated by a Defendant who was insured under a Coseco Insurance Company ("Coseco") policy. Coseco paid accident benefits to the Plaintiff as an insured pursuant to section 224(1) of the Insurance Act, R.S.O. 1990, c. I-8.
The Plaintiff claimed she was entitled to uninsured motorist coverage under the Coseco policy. She relied on Taggart (Litigation Guardian Of) v. Simmons (2001), 52 O.R. (3d) 704 (C.A.) as support for the proposition that anyone who qualified as an insured for statutory benefits was also an insured for uninsured motorist coverage. Coseco argued that the standard automobile policy had changed since Taggart was decided, and the definition of "insured" for uninsured motorists coverage had changed. The Court agreed with Coseco’s position.
