Can an insured automobile be considered a vehicle that is not insured but uninsured?

Ontario, Canada


The following excerpt is from Oliveira v. Mullings, 2009 CanLII 3983 (ON SC):

The Court of Appeal Maddalena v. Crouse, supra, case upheld the decision of Lofchik J. and stated that "There was no indication that the legislature intended to limit employee coverage to those employees who did not own vehicles covered by other policies. A plain reading of the statute led to the conclusion that the insured automobile could not be the same vehicle as the uninsured vehicle" (emphasis added).

Other Questions


Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
What is the burden of proving that a motor vehicle was insured under a contract of automobile insurance at the material time? (Ontario, Canada)
What are the options available to an insured who is injured by an uninsured tort feasor in a motor vehicle accident? (Ontario, Canada)
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy? (Ontario, Canada)
Is an insurer's obligation to pay insurance monies to an insured a debt that can be garnished? (Ontario, Canada)
What is the current state of the insurance industry's position on the insurance market when it comes to insurance coverage? (Ontario, Canada)
If an insurance policy question is ambiguous and open to multiple interpretations and leads an applicant for insurance coverage to provide incorrect information, must the answer be resolved as against the insurer? (Ontario, Canada)
Can a plaintiff sue only the insured motorist's uninsured motorist insurer? (Ontario, Canada)
Can an insurer pursue a defence of fraud against an insurer alleging that a theft was arranged by the owner to avoid vehicle repair costs? (Ontario, Canada)
Can an insured participate in an examination under oath at the request of their insurer? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.