Intact Insurance Company v. Aviva Insurance Company of Canada, 2017 ONSC 3171

The insured under an Aviva policy purchased that coverage a few hours after a MVA and did not discose to Aviva that his vehicle had been involved in the MVA. Aviva argued that it could not be required to defend and respond to the claim because its policy was not in place at the time of the MVA and that the policy was void due to the insured’s material misrepresentation. Justice Stewart held that Aviva’s policy was required to defend the action and cover up to $200,000.00, although the material misrepresentation did absolve Aviva from covering up to $1 million. Justice Stewart reasoned that even though the MVA occurred prior to the policy’s inception, Aviva did not include a specific start time on the policy and charged the insured a premium for the full day.