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Conditions for Novice, Young & Other Drivers in Ontario

by | Aug 27, 2014 | Articles, Blogs

Violation of any of the conditions of your driver’s licence may void your liability and collision insurance coverage, because under statutory condition 4 (1) of the standard Ontario auto policy (OAP1), “the insured shall not drive or operate or permit any other person to drive or operate the automobile unless the insured or other person is authorized by law to drive or operate it.” For the same reason, if the owner of a vehicle permits the driver to use the vehicle while any of the driver’s conditions are being violated, the owner risks voiding his or her insurance coverage. To avoid coverage issues, make sure you understand and follow all of the conditions applicable to your driver’s licence, as well as those of anyone you allow to drive your vehicle.

Due Diligence Defence Available to Insured Who Breach “Not Authorized to Drive” Exclusion: Tut v RBC General Insurance Co., 2011 ONCA 644

by | Jan 5, 2012 | Blogs, Cases

In a decision released October 17, 2011, the Court of Appeal has endorsed a due diligence defence for the “not authorized by law to drive” exclusion contained in statutory condition 4 of the Ontario standard automobile policy O.A.P. 1. G2 drivers who drive with alcohol in their blood can avoid the exclusion and are entitled to coverage if they can show that, although their blood alcohol level was not zero, this breach of the conditions of their driver’s licence occurred despite the exercise of due diligence on their part. Similarly, if an owner of an insured vehicle permits a G2 driver whose blood alcohol level is not zero to drive the vehicle, the owner is still entitled to coverage if the owner can show that this occurred despite the exercise of due diligence.