What is the test for determining whether there has been a policy breach based on a declared principal operator misrepresentation?
British Columbia, Canada
The following excerpt is from Prasad v. ICBC, 2008 BCSC 1855 (CanLII):
In Rai v. Insurance Corporation of British Columbia, 2005 BCSC 92, Preston J. summarized the principles for determining whether there has been a policy breach based on a declared principal operator misrepresentation. They are as follows: (a) the court must decide who has driven a vehicle the most during the term of the owner's certificate in order to determine who was the principal operator of the motor vehicle at the time of the accident; (b) the relevant time to consider whether there has been a misrepresentation of who was the principal operator of a motor vehicle is at the date the claimant applied for the insurance; and (c) the burden of proof is on the insurer to establish the claimant misrepresented who he or she intended to be the principal operator of the motor vehicle at the time the policy was signed.
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