Qualified to drive

Was the driver qualified to drive?

The automobile insurance policy issued in New Brunswick contains, among other prohibitions, a condition that an insured must not drive or operate an automobile unless they are authorized by law or qualified to drive or operate the automobile.

In this matter, an unlicensed driver was involved in a motor vehicle accident. The insurer initially took the position that the absence of a valid driver’s license constituted a breach of the policy, as the driver was not “authorized by law” to operate the vehicle.

We obtained from the insured all relevant facts necessary to assess whether the driver nevertheless met the alternative requirement of being “qualified to drive or operate the automobile.” This determination is fact specific. Based on the information gathered, we were able to demonstrate that, despite lacking a valid licence, the driver possessed sufficient training, experience, and knowledge to safely operate the vehicle and was therefore qualified within the meaning of the policy.

After reviewing the evidence presented, the insurer accepted that the driver was qualified to operate the automobile for the purposes of the insurance contract and withdrew its allegation of breach.