The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...
In a very surprising turn of events, the long awaited judicial review of MVAC v. Barnes, P16-00087 FSCO was dismissed as moot when it was revealed that the outcome of the judicial review would have no effect on either of the parties appearing before the Divisional...
This decision arises from a motor vehicle accident that occurred on February 8, 2011. The trial took place in January 2019 before Trimble J. After the jury retired to deliberate, the defendants brought a motion for a declaration that the plaintiff’s injuries did not...
A recent decision of the Divisional Court has confirmed that the ‘but for’ test was the correct causation test to be applied in accident benefit cases. In Sabadash v. State Farm et al, prior to the subject accident in March 2011, Mr. Sabadash had a pre-accident...