How have the arbitrator determined that a team leader and highest-ranking person at a group home is a named insured for SABS?

In Dominion v. Lombard, the claimant was struck by a vehicle while riding a bicycle in Oregon. She was a team leader and highest-ranking person at an Ontario group home. She used the group home’s vehicle while working and was also responsible for assignment of, record keeping in relation to, and responsibility for the maintenance and repair of the vehicle. She claimed SABS under the group home fleet policy. The insurer conceded regular use. The issue as framed by the arbitrator was whether the vehicle was “available to the claimant at the time of the accident”. The arbitrator concluded that the claimant had sufficient residual control over the vehicle to be considered a deemed named insured.