What is the burden of establishing that the insured was in breach of the policy by driving his vehicle when not qualified and authorized to do so?
British Columbia, Canada
The following excerpt is from Slawter v. ICBC, 2011 BCPC 419 (CanLII):
The burden then shifts to the defendant insurer to establish, on a balance of probabilities, that the insured was in breach of the policy by driving his vehicle when not qualified and authorized to do so, and that he made a wilfully false statement to the defendant: Bevacqua v. The Insurance Corporation of British Columbia, 1999 BCCA 553, at para. 24.
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