Automobile insurance

Benefits - No-fault coverage - Statutory provisions - Statutory provisions - Exclusions - Interpretation of policy - Ownership, use or operation of motor vehicle - Causation - Intervening event - Use of vehicle - Underinsured motorist
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle.

Damages

Damages - Disability benefits - Income replacement benefits - deductibility; Policies and insurance contracts - Statutory provisions
The Defendant appealed a trial judge’s decision that income replacement benefits were deductible from the total quantum of damages prior to the deduction for a finding of contributory negligence. The appellate court allowed the appeal and found that the deduction had to be made from the amount actually awarded.

Policies and insurance contracts

Policies and insurance contracts - Interpretation of policy - Terms of policy - Coverage - Benefits - Uninsured motorist; Liability insurance - Motor vehicle accidents - Limit on liability - Joint and several liability - Rights and duties of insured
When a number of Insureds seek to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the Endorsement.

Settlement of Action

Settlement of action - Releases - Damages - Disclosure of amount - Privilege; Policies and insurance contracts - Rights and duties of insurer
The Plaintiff entered into a “BC Ferries” settlement with one Defendant. A remaining Defendant sought disclosure of the settlement amount. The Court did not order disclosure, but held that the Defendant could amend its pleading to include that it was entitled to have the settlement amount taken into account for the purposes of determining what, if any, portion of damages would be payable by that remaining Defendant.

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