The applicant sought a declaration that his insurer was obligated to defend and indemnify him for a motor vehicle accident that occurred while he was delivering pizzas.
The insurer had denied coverage on the basis that the applicant failed to disclose the business use of his vehicle, which constituted a material change in risk.
The court dismissed the application, finding that the undisclosed business use was a material change in risk and that, pursuant to section 233 of the Insurance Act, the applicant's right to recover indemnity was forfeited.
