Non-resident passenger injured outside Ontario is not entitled to Ontario statutory accident benefits under driver's policy.
The respondent, a Colorado resident, was injured in a motor vehicle accident in New York State while a passenger in an Ontario-insured vehicle.
The appellant insurer paid New York first-party benefits but denied Ontario statutory accident benefits.
The arbitrator ordered the appellant to pay Ontario benefits, finding the respondent was an 'insured person' under the policy's expanded definition.
On appeal, the Director of Arbitrations rescinded the order, holding that the expanded definition in clause (g) of the policy was intended to fill a specific gap in the priority rules for accidents involving other vehicles, and did not extend coverage to non-resident occupants injured outside Ontario.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 25, 2002
