A person in an insured car, stuck by an uninsured car, may not be entitled to "uninsured motor vehicle coverage".
The Plaintiff was driving in his work truck, which was insured by his employer, when he was involved in a motor vehicle accident with the Defendant who was uninsured. The Court held that the insurer of the Plaintiff’s personal vehicles was not required to provide uninsured coverage. The policy was not triggered because the Plaintiff was not in an “uninsured vehicle” at the time of the accident.
Oliviera v. Mullings 2009 CanLII 3983 (ON S.C.). January 29, 2009. Ontario Superior Court of Justice. Justice J. Kelly.
The Plaintiff was driving his work truck when he was involved in an accident with the Defendant who was uninsured. The Plaintiff’s vehicle was insured under a valid policy of insurance with Dominion of Canada. His employer was the only named insured on the policy, which included uninsured coverage. The Plaintiff also had his own valid policy of insurance with ING Insurance Company of Canada, under which he insured his two personal vehicles. That policy also had uninsured coverage.
The issue before the Court was which of the two policies was to provide uninsured coverage to the Plaintiff for the bodily injuries that he sustained as a result of the accident with the uninsured Defendant.
The Court held that Dominion should provide coverage to the Plaintiff. The Plaintiff’s own policy, with ING, would not be triggered because the Plaintiff was not the occupant of an “uninsured vehicle” because the vehicle that he was occupying at the time of the accident was insured by Dominion.
This case was originally summarized by Kim Yee and originally edited by David Pilley.
