The plaintiff was injured in a motor vehicle accident while driving a vehicle insured by the moving party, despite having a suspended driver's licence.
The other vehicle involved was uninsured.
The plaintiff sued the other driver and claimed uninsured automobile coverage from the moving party.
The moving party brought a motion for summary judgment to dismiss the claim and a cross-claim brought by the Motor Vehicle Accident Claims Fund, arguing the plaintiff breached a statutory condition by driving while suspended.
The court dismissed the motion, finding that under the Insurance Act, statutory conditions do not apply to uninsured automobile coverage unless explicitly stated in the contract, which was not the case here.
The court also held the cross-claim was not statute-barred.
