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Sexsmith v Certas Home and Auto Insurance Company (21-000943)

  • February 6, 2023

The claimant disputed the insurers decision that he was precluded from receiving specified benefits pursuant to s. 31 of the SABS. The claimant’s uninsured motorcycle, which was involved in the accident, was not listed on any policy despite the claimant owning multiple vehicles and holding separate policies. The Tribunal found that the claimant failed to notify the insurer of the motorcycle purchase within the required timeframe was, therefore, not compliant with the insurance policy. Despite the claimant’s arguments citing specific policy conditions and previous cases, the Tribunal determined that the claimant did not meet special conditions for coverage for unnamed vehicles in the policy since the claimant was found to be the owner of the motorcycle. The Tribunal determined that the claimant was precluded from claiming specified benefits because he ought to have been aware of his insurance obligations due to his job as a mechanic. The Tribunal dismissed the appeal.

Full decision here

TGP Analysis

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