Can a policy respond to a claim where the policy sought to be engaged was issued to the claimant's employer?

Ontario, Canada


The following excerpt is from Continental Casualty Company v. Chubb Insurance Company of Canada, 2019 ONSC 3773 (CanLII):

In the other case, Dominion v. Lombard, the insurance policy sought to be engaged was issued to the claimant's employer. During the course of her employment, the claimant was provided with regular use of a van owned by the employer and insured under the policy in question. Although the accident took place out of Ontario and did not involve the van – indeed, the claimant was struck by a motor vehicle while riding a bicycle in Oregon – the arbitrator concluded that the policy responded. The essence of the finding was based on the fact that during the course of her employment (from which she was on vacation at the time), an insured automobile (the van) was ordinarily made available for the claimant's regular use by her employer. This included the finding that the claimant continued to have control of the vehicle despite being on vacation, which the arbitrator described as "sufficient residual control to make her a deemed named insured."

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