Does an employee of a rental car company have regular use of the vehicles?
Ontario, Canada
The following excerpt is from Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188 (CanLII):
Thus, in ACE INA Insurance v. Co-operators, even though an employee of rental car company made regular use of rental car vehicles during working hours, he did not meet the regular use requirement because the accident did not happen during working hours. At para. 17, Belobaba J. said: The question is not whether the car would be available to the claimant when he went back to work the next day but was it being made available to him at the time of the accident, when he was off work and on his way downtown in a friend’s car.
In ACE INA Insurance v. Co-operators, there was no issue about regular use. The sole issue was whether a company vehicle was “being made available” at the time of the accident. The answer turned on whether the employee had access and control at the time of the accident – he did not.
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