What is considered a breakdown or failure of power in a motor vehicle?
Ontario, Canada
The following excerpt is from Clark v. Waterloo Insurance Co., 1992 CanLII 8620 (ON SC):
As to the first submission, General Accident relies on Davis v. Brayton, [1970] I.L.R. ¶1-347 at p. 994, 72 W.W.R. 701 (B.C.S.C.), where Wootton J. considered "breakdown" to be a collapse, stoppage, or failure of power. It is submitted that being unable to start because of lack of gas is a stoppage or a failure of power.
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