The plaintiff was injured while riding as a passenger on an ATV driven by Tyler Drenth and owned by Theodore Drenth.
The third-party insurer denied coverage on the basis that Tyler breached a statutory condition of the automobile policy by driving on a highway with a G1 licence after consuming alcohol.
The plaintiff brought a motion for summary judgment seeking a declaration that the full third-party limits were available to Theodore.
The court found that Theodore only consented to Tyler driving on a specific lane to access trails, and did not consent to him driving on the shoulder of the road where the accident occurred.
The court held that Theodore's breach of the statutory condition by permitting Tyler to drive on the lane did not taint the entire trip.
The court also found that, in the alternative, relief from forfeiture would be granted.
The plaintiff's motion for summary judgment was granted.
