At issue on this application was whether a duty to defend arose when an insured was in clear breach of a condition of the statutory Ontario Automobile Policy (OAP), and, if so, whether an Insurer was estopped from denying liability. A claim was made against the insured after an accident involving his son. The accident report indicated that the applicant was street racing at the time of the accident, and he was criminally charged. The Respondent Insurer conducted an investigation and had filed a Statement of Defence while reserving its right under the policy to deny liability. The Applicant claimed the Insurer was thus estopped from refusing to defend or indemnify. The application was dismissed as the Court held that while breach of an OAP condition was not sufficient for denial, other factors supported denial. No real steps had been taken in the action, and the Insured had been advised of the Insurer’s reservation of rights to deny liability. There was no prejudice.
04. February 2004 0
Bejinariu v. Primmum Insurance Co.,  O.J. No. 516, Ontario Superior Court of Justice