Enterprise Rent-A-Car appealed a decision finding it was the first loss insurer in a motor vehicle accident claim.
The insured was a listed driver under her father's standard Ontario Automobile Policy issued by Intact Insurance, but not a named insured.
The policy provided rental vehicle coverage only when rented by a named insured or their spouse.
The court held that the priority rules under the Insurance Act depend on the existence of coverage under the policy.
Since no coverage was available to the insured for rental vehicles under Intact's policy, the priority provisions did not apply, and Enterprise's insurer was responsible as the first loss insurer.
