The plaintiff, an Ontario Provincial Police officer, was injured in a motor vehicle accident while driving a police cruiser.
The driver of the other vehicle was underinsured.
The plaintiff claimed under the OPCF 44 endorsement of both her personal automobile insurance policy and the police force's fleet policy.
The issue on appeal was which insurer was required to respond first.
The Court of Appeal held that the plaintiff was an 'insured person' under the fleet policy because the cruiser was provided for her 'regular use'.
The Court found that 'regular use' does not require a personal use component.
Therefore, the fleet policy was the first loss insurance.
