The appellant rental car company appealed a decision dismissing its application for a declaration that the respondent insurer was the first loss insurer for a motor vehicle accident involving a rental car.
The driver of the rental car was a listed driver, but not a named insured, under her father's standard Ontario Automobile Policy.
The Divisional Court dismissed the appeal, finding that under the clear terms of the policy, rental vehicle coverage is only available to the named insured or their spouse.
Because coverage was not available to the listed driver, the priority provisions of s. 277(1.1) of the Insurance Act were not triggered, and the rental company's insurer was liable.
