Published in: Insurance Law Newsletter - 19.May.16 May 19, 2016

Case Summary: Claim for unidentified motorist’s coverage denied under insured’s policy of motor vehicle insurance

Insurance law – Automobile insurance – Unidentified motorist

Ding (Litigation Guardian of) v. John Doe

On summary judgment application court dismissing insured’s claim for coverage under the unidentified driver provisions of his policy of motor vehicle insurance.

[2016] O.J. No. 1393

2016 ONSC 1690

Ontario Superior Court of Justice

March 15, 2016

S.N. Lederman J.

The action arose out of a motor vehicle accident. The insured sought damages from his insurer pursuant to the unidentified driver provisions of the insured’s policy of motor vehicle insurance. The insurer brought a motion for summary judgment to dismiss the action on the grounds that there was no unidentified vehicle that caused or contributed to the accident and, accordingly, there was no obligation to pay any claim pursuant to those provisions.

The insured was a driver of a van that collided with a guard rail causing heavy front end damage to the front bumper area of the vehicle. The insured claimed he was attempting to change lanes when a tractor trailer looked like it was entering his lane so he swerved to avoid it, spun out and struck the guard rail head on. The court ultimately did not accept the insured’s evidence and the court granted summary judgment dismissing the insured’s claim.

This case was digested by Cameron B. Elder and edited by David W. Pilley of Harper Grey LLP. If you would like to discuss this case further, please feel free to contact them directly at celder@harpergrey.com or dpilley@harpergrey.com or review their biographies at http://www.harpergrey.com.