This appeal addresses a priority dispute between insurers regarding Statutory Accident Benefits (SABS) where the claimant had basic mandatory SABS coverage from one insurer (Chubb) and both basic mandatory and optional enhanced SABS coverage from another (Continental).
The Superior Court Appeal Judge (SCAJ) had found the claimant was not a "deemed named insured" under Continental's policy, making Chubb the priority insurer for basic SABS, but still held Continental liable for all SABS under an OPCF 47 endorsement, ordering Chubb to reimburse Continental for basic SABS.
The Court of Appeal upheld the SCAJ's finding that the claimant was not a "deemed named insured" under Continental's policy, clarifying that "regular use" requires actual use, not just theoretical access.
However, the Court of Appeal reversed the SCAJ's decision on reimbursement, holding that the OPCF 47 endorsement displaces the statutory priority rules (s. 268 of the Insurance Act) for the optional benefits insurer, meaning Continental, as the OPCF 47 insurer, is solely responsible for both basic mandatory and optional enhanced SABS without a right to reimbursement from Chubb.
