Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion

Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion

Home insurance policies, unbeknownst to many policy holders, typically have coverage exclusions that apply if damage/loss occurs while the property is “vacant”. Typically, the issue arises when the homeowner intentionally leaves the home for a an extended period of time (ie. vacation, work trips, etc). However, what happens when unexpected events, such as health complications, cause us to be away from home for an extended period of time?

Conditions for Novice, Young & Other Drivers in Ontario

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.

Does a Retroactive Denial of Coverage Bar a Plaintiff from Suing in an MVA?

Short answer, No. Or at least that is the answer in the case of Alof v. Ikeno, 2014 ONSC 2087 (CanLII)

In this case, Matheson J. considered section section 267.6 of the Insurance Act in the context of a retroactive denial of motor vehicle insurance coverage by a plaintiff’s insurer on a summary judgment motion brought by the defendant.