AUTOMOBILE INSURANCE - Accident benefits - Uninsured or underinsured motorist coverage

Law360 Canada (February 2, 2023, 6:36 AM EST) -- Motion by Aviva seeking an order to stay, or in the alternative, dismissing the action of Smith. Aviva argued that the Comprehensive Home Owner’s Policy bearing policy number P96230674HAB issued to the deceased, Schlimme, did not provide coverage to Smith arising from the motor vehicle accident that occurred on August 18, 2017, or in the alternative, that Smith’s claim disclosed no genuine issue for trial. Schlimme suffered fatal injuries after being struck on his motorcycle by a vehicle operated by Taylor. At the time of the accident, Smith was the common law spouse of Schlimme. Smith claimed damages of $3,500,000 which included substantial financial dependency losses. Smith claimed indemnity against Aviva pursuant to a Personal Excess Liability Policy Endorsement included in the Primary Homeowner’s Policy based in part on the position that Taylor was an inadequately insured motorist at the time of the Accident. When the accident occurred, Taylor was insured under an automobile policy of insurance issued by Wawanesa Mutual Insurance Company. While Smith agreed that Taylor must be determined to be an inadequately insured motorist for her recovery under the Excess Endorsement, she disputed that the definition of inadequately insured motorist should be applied in this instance....
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