The appellant insurer appealed a motion judge's decision finding that the respondents' newly acquired vehicle was insured as an 'additional automobile' under the Standard Ontario Automobile Policy.
On appeal, the parties agreed to a new fact that the respondent owned another operable vehicle that was not insured by any company.
The Court of Appeal held that the plain wording of section 2.2.1 requires the owner to insure all owned automobiles with the same insurer to trigger the automatic 14-day coverage for an additional vehicle.
Because the respondent owned an uninsured operable vehicle, the precondition was not met.
The appeal was allowed and the insurer was not required to defend or indemnify the respondents.
