The plaintiff was injured in a motor vehicle accident with the defendant, who was driving a cube van.
The defendant's auto insurance policy excluded coverage for vehicles over 4,500 kg.
The plaintiff's insurer, CAA, appealed a motion judge's finding that the defendant's insurer, Royal & Sun Alliance, was not obliged to compensate the plaintiff under s. 258(1) of the Insurance Act.
The Court of Appeal dismissed the appeal, holding that s. 258(1) is only triggered if the insured could have been entitled to indemnity under the policy.
