The appellant insurer appealed a decision declaring it had waived a breach of a statutory condition in the deceased's automobile insurance policy.
The deceased was killed in a single-car accident while driving with a blood alcohol level above zero, contravening her G2 licence.
The insurer defended the action for three and a half years before raising the coverage issue.
The Court of Appeal upheld the motion judge's finding that the insurer's conduct constituted a waiver by conduct, and that the respondent would be prejudiced by the late coverage denial.
The appeal was dismissed.
