The claimant was injured while driving a taxicab insured by Simcoe & Erie.
He also owned a personal vehicle insured by State Farm.
State Farm argued it was not liable to pay statutory accident benefits because its policy excluded coverage while the automobile was used as a taxicab.
The Director's Delegate held that the broad definition of 'insured person' in the Statutory Accident Benefits Schedule prevailed over the exclusionary language in the standard Owner's Policy.
Under the priority rules in section 268(2) of the Insurance Act, the claimant was required to claim benefits from State Farm, the insurer of his personal vehicle, despite the accident involving a taxicab.
