The statutory third party insurer brought a motion for summary judgment, arguing the defendant driver was excluded from coverage because he was engaged in a 'race' or 'speed test' when he caused a fatal collision while driving up to 215 km/h.
The court dismissed the motion, finding that excessive speed alone does not constitute a race or speed test under the Insurance Act.
The court held that the driver lacked the intention to test the speed of the vehicle or engage in a contest, and therefore the insurer remained liable to compensate the plaintiffs.
