Myers-Gordon et al. v Martin et al.

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN

KELLY MYERS-GORDON, a mentally incapable person by her Litigation Guardian, CYNTHIA GORDON, CYNTHIA GORDON, personally, AMY GORDON, CHRISTY GORDON, STEPHEN MYERS-GORDON and STEPHEN GREGORY MYERS Plaintiffs

and

RANDY MARTIN, KAREN MARTIN, CHRISTINA BEAUREGARD, CODY VAN EVERY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendants

HEARD

January 17, 2017

The Honourable Mr. Justice H.S. Arrell

REASONS FOR JUDGEMENT

INTRODUCTION

[1] The Plaintiffs have brought this motion under Rule 22 of the Rules of Civil Procedure, for a determination as to whether the Defendant, State Farm Mutual Automobile Insurance Company ("State Farm Insurance"), is obligated to respond to the at-issue claims for underinsurance pursuant to the Family Protection Coverage OPCF 44R Endorsement).

 

...

 

 

CONCLUSION

[32] I would answer the question posed, based on the facts presented for the courts consideration, in the affirmative and State Farm must respond with the claims of the Plaintiffs for the amount of their damages which are in the excess of what they receive from the joint tortfeasors insurance policies up to its limits of $300,000.00 under its inadequate insurance coverage.

[33] Counsel agree costs to the successful party should be in the amount of $3,000.00. The Plaintiffs will therefore have their costs in that amount.

 

For more details: Myers-Gordon et al. v Martin et al.

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