What is the test for determining who is insured under the Family Benefits Insurance Act?

The main source of dispute in this appeal is the appropriate application of the legal principles and criteria set out by O’Brien J. in Miller v. Safeco, as follows: In my view, it would be preferable to approach the question of this interpretation on the basis the legislation was of a remedial nature, intended to broaden insurance coverage to include members of family units as persons insured under the policy. Obviously, cases of this kind will be approached on their own particular facts. In my view, however, in considering who is an "insured person", the legislative intent should be kept in mind and, in addition, matters such as the amount and duration of the financial or other dependency, the financial or other needs of the claimant, the ability of the claimant to be self-supporting, and the general standard of living within the family unit should be considered.