The defendants moved for summary judgment dismissing a personal injury action arising from a motor vehicle accident, arguing the claim was barred by s. 267.6 of the Insurance Act because the plaintiff’s automobile insurance was retroactively voided by the insurer after the accident.
The court considered whether the plaintiff was contravening s. 2(1) of the Compulsory Automobile Insurance Act at the time of the accident.
The evidence showed the vehicle was insured on the date of the collision and the insurer confirmed coverage shortly afterward before later voiding the policy retroactively.
The court held that the statutory bar applies only where the vehicle was uninsured at the time of the incident.
A retroactive voiding of insurance after the accident did not establish that the vehicle was uninsured at the relevant time.
