The applicant sought income replacement benefits (IRB) following a motor vehicle accident.
The respondent insurer denied the benefits and sought repayment of previously paid IRB, arguing the applicant was excluded under s. 31(1)(a)(i) of the Schedule because he knew or ought reasonably to have known he was operating the vehicle without valid insurance.
The Tribunal found the applicant's testimony that he believed he had purchased valid insurance from a 'broker' to be not credible, given his prior experience with insurance and the suspicious circumstances of the transaction.
The Tribunal dismissed the applicant's claims for IRB, interest, and a special award, and ordered the applicant to repay $19,177.60 in IRB to the respondent.
