Commentary and Insights
One recurring coverage issue in Ontario insurance litigation is whether a passenger or other occupant of a vehicle qualifies as an “insured” under section 239(1) of the Insurance Act, thereby engaging an automobile insurer’s duty to defend.
In Ontario motor vehicle insurance claims, the definition of “spouse” can have important consequences for coverage. This is especially true under the OPCF44R, the optional family protection endorsement that may respond where an injured person seeks access to additional coverage through a family member’s automobile policy.
Claims involving unidentified motorists present a unique evidentiary challenge. Where the at-fault driver cannot be identified, an insured seeking indemnification under the Ontario Policy Change Form 44R (OPCF 44R) must satisfy an additional statutory requirement before coverage may be available.
