The insurer brought a preliminary issue motion asserting the claimant was not entitled to income replacement since the claimant knowingly drove without a license, pursuant to section 31 of the SABS. Adjudicator Sewrattan reviewed Section 2.2.1 of OAP 1. It was noted that while a broad interpretation favouring the insured was asserted, not even a broad interpretation could interpret “delivery” as meaning only taking physical possession. Instead, Adjudicator Sewrattan found the claimant had constructive possession on the date of purchase. The claimant ought to have known he was operating without insurance. Accordingly, the claimant was barred from obtaining income replacement benefits, under section 31.
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