Ask an Expert

QUESTION:

Policy exclusion: "This policy does not insure loss to or liability arising from any insured vehicle while it is being driven by any person who is under the influence of any intoxicating substance or drug."

What is considered to be "under the influence" given there is no legal limit for drugs like there is with alcohol?


Crossley Gates replies:

Sorry, no there is no legal authority on that [drug limit].

I suggest it depends upon what evidence beyond the positive test that the Police may have. For example, if the insured was observed weaving all over the road before being stopped, this would be compelling evidence that the insured's driving was materially affected by the presence of the drug.

On the other hand, if the Police report has no mention of any impairment, as you say, then it might be difficult for the insurer to prove the exclusion applies. The onus is on the insurer to do so.



December 2021

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