1 total
Insurer cannot deny accident benefits where applicant reasonably believed her motorcycle insurance had been renewed.
The applicant was injured in a motorcycle accident and applied for statutory accident benefits.
The insurer denied the claim under section 30(1)(a) of the Schedule, arguing the applicant knew or ought to have known she was operating an uninsured vehicle.
The arbitrator found that the applicant reasonably believed her former partner had renewed her insurance and was not wilfully blind to the fact that she was uninsured.
The insurer was not entitled to rely on the exclusion.