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Sadni v. Allstate Canada (20-000670)

  • June 30, 2021

The claimant applied for accident benefits following a motorcycle accident. The insurer argued that the motorcycle was not insured at the time of the accident, and that section 31 applied to bar entitlement to IRBs. Adjudicator Boyce agreed with the insurer that the motorcycle was not insured, and that the claimant was not entitled to claim IRBs. The claimant failed to provide documentation he relied upon in basing his belief that the motorcycle was insured. The claimant had an automobile policy insuring a Porsche, and the claimant new the process for obtaining insurance on a vehicle. He was also aware of the premiums he was paying solely for the Porsche. Adjudicator Boyce rejected the claimant’s argument that he believed his motorcycle was automatically included on the policy insuring the Porsche, and noted that the premium increase for the motorcycle would have been substantial and the claimant would have known of the increased premium or additional premium withdrawals if the motorcycle had been insured. Adjudicator Boyce also found it unreasonable for the claimant not to follow up with the motorcycle vendor regarding the pink slip and purported insurance that the vendor had on the motorcycle when it was sold to the claimant.

Full decision here

TGP Analysis

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