Substance Over Form – Whether a Defendant or Third Party: Renter Pays First
Where an automobile is leased or rented and involved in a motor vehicle accident, section 277(1.1) of the Insurance Act, sets out the order in which insurance policies are to respond. The section states that “the third party liability provisions of any available motor vehicle liability policies shall respond” in the following order: insurance available [...]
This Time It’s Not Business – It’s Personal
A man walked into a car rental office and rented a car. He was on a business trip. While driving the rented car, the man is involved in a collision with the plaintiff. The man’s insurer said that since the man was on business the real renter of the car was the man’s employer, and [...]
Lessee’s Insurer Need Not Defend Lessor
On April 13, 2011 the Court of Appeal released a decision that will change the way motor vehicle accident cases are defended in situations where a defendant was driving or had leased a rented vehicle. The case of Nguyet v. King, [2011], O.J. No. 1699 (ONCA), stands for the proposition that even if the lessee’s [...]