A novice driver's third party liability insurance will be reduced to $200,000 if they drink and drive. An insurer will waive their right to breach their insured if they file a statement of defence
Under a Graduated Driver's Licencing scheme in Ontario, a novice driver must have zero blood alcohol concentration while driving, or third party limits are reduced from $1,000.000.00 to the minimum statutory limits of $200,000.00. The deceased, Ms. Logel, was not authorized to drive at the time of the accident as a result of her consumption of alcohol, which reduced her policy limits to the minimum.
The second issue was whether the Insurer, Wawanesa, waived the breach of that statutory condition, by filing a statement of defence with knowledge of the breach.
The Ontario Disctirct Court held Wawanesa waived the breach.
Logel (Litigation Administrator of) v. Wawanesa Mutual Insurance Co. [2008] O.J. No. 3717 Ontario Superior Court of Justice M.L. Black,
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