Does a homeowner’s insurance policy of the passenger have to exclude the driver from liability if she puts her hand on the steering wheel and pulls it down to the right?

British Columbia, Canada


The following excerpt is from Robert v. Forster, 2010 BCCA 67 (CanLII):

In Milligan v. Dryburgh, [1985] O.J. No. 527 (H.C.J.), the passenger put her hand on the steering wheel and pulled it down to the right when the vehicle had crossed the centre lane into the oncoming lane of traffic. The vehicle went onto the right shoulder of the road and then flipped over. The issue was whether the homeowner’s insurance policy of the passenger provided coverage. The policy contained an exclusion so that the policy did not apply “[t]o the ownership, use or operation by or on behalf of an insured of any automobile”. The court held that the exclusion did not apply on the basis that the passenger had not been operating the vehicle.

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