The Consumer purchased a vehicle to be used by his daughter and insured the vehicle in his name and with his daughter listed as principal driver.
Shortly after the vehicle was picked up, the Consumer noticed that the dealership put the ownership in the daughter’s name and not the Consumer’s name despite the Consumer providing a bank draft for payment of the vehicle. The Consumer contacted the dealer to request the ownership be corrected and was told to go to ServiceOntario and have them correct it.
Prior to going to ServiceOntario to correct the ownership, the Consumer’s daughter was involved in a collision with the vehicle. The Insurer denied the claim due to material misrepresentation.
As part of GIO’s Informal Conciliation, the Consumer Service Officer (CSO) contacted the Insurer to request they reconsider their denial of the claim.
The CSO pointed out the consumer paid for the vehicle so they can prove a financial interest in the vehicle.
The CSO advised the Insurer that the Consumer has shown imperfect compliance rather than material misrepresentation regarding the ownership of the vehicle. It was never his intention that his daughter would be the owner of the vehicle and their history of insuring vehicles with a child as the listed or primary driver is reflective of that. In addition, but for the unfortunate circumstance of the Consumer getting sick with COVID-19, the ownership would have been corrected shortly after picking up the vehicle and prior to the loss. The loss occurred 17 days after the vehicle was picked up.
The Insurer agreed to review the case with their legal department and ultimately agreed to pay the claim.
GIO is an independent body set up to help Canadians find a fair resolution to disputes with insurance providers. GIO can provide advice on dealing with your insurance company as a first step. If you are not satisfied with the decision from your provider on your claim, GIO can help resolve your claim.
If you’d like to submit a claim visit here.
General Insurance OmbudServiceService de conciliation en assurance de dommages
4711 Yonge Street, 10th floorToronto, ON M2N 6K8Tel 1-877-225-0446Fax 416-299-4261
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