When can an insured be found to have breached the terms of their accident insurance policy?
British Columbia, Canada
The following excerpt is from Nielson v. Insurance Corp. of British Columbia, 1997 CanLII 3454 (BC CA):
Hollinrake J.A., speaking for the five-judge court in Shaw v. Storey, referred to the appropriate applicable test of when an insured has allegedly breached the policy. The regulation refers to permitting, suffering, allowing or conniving at the use of the vehicle which necessarily imports knowledge or at least evidence from which the insured should have knowledge. In my opinion, that knowledge is not necessarily an evidentiary requirement of a finding of contributory negligence.
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