The moving parties sought partial summary judgment declaring that a Vespa involved in a motor vehicle accident was insured under the "newly acquired automobile" provision of the Standard Automobile Policy (OAP 1).
The court examined whether the insured satisfied the preconditions of s. 2.2.1, including whether the insurer insured all automobiles owned by the insured and whether any additional premium was paid.
The evidence showed the insured owned other automobiles, including a vehicle insured abroad and two motorcycles, that were not insured by the insurer.
The court held these vehicles fell within the statutory definition of "automobile", meaning the insured did not meet the requirement that all owned automobiles be insured by the same insurer.
As a result, the Vespa was not insured under the OAP provision and the statutory bar in s. 267.6(1) of the Insurance Act prevented the insured from pursuing damages against the other driver.
