Wednesday, May 20, 2009
Parking Lot in Strip Mall Not A "Highway" - Insurer Must Defend
A motor vehicle accident took place in a parking lot of a strip mall. The driver only had a G1 driver's licence and was driving alone. The insurer took the position that it did not have to defend as the driver was in breach of her obligations and the policy. The Court of Appeal in Shah v. Becamon ruled that a parking lot in a strip mall was not a "highway", therefore the driver was not in breach of failing to have a licensed driver accompany her while on a "highway". The insurance company was therefore ordered to defend and indemnify the driver. For a free consultation regarding your motor vehicle case, call Todd K. Plant at 613-563-1131 today. Ottawa Personal Injury Lawyers, www.pqtlaw.com
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