Out-of-province passenger in Ontario-insured vehicle qualifies for accident benefits under OPF 1 standard policy.
The applicant, a Colorado resident, was injured in a motor vehicle accident in New York State while a passenger in a vehicle insured by the respondent under an Ontario policy.
The applicant applied for statutory accident benefits in Ontario.
The insurer argued the applicant did not qualify as an 'insured person' under the Schedule because he was not living and ordinarily present in Ontario.
The arbitrator found that the applicant met the expanded definition of 'insured person' under section 2.2.3(g) of the OPF 1 standard policy, as he had no recourse against any other insurer.
The arbitrator held that the insurer is bound by the terms of its own policy and ordered the insurer to pay statutory accident benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 28, 2001
