Thomson Rogers represented a Plaintiff who was seriously injured in a single motor vehicle accident after having to take sudden action to avoid being hit by a driver that cut her off on the highway. The driver fled the scene and was never identified. The Plaintiff sought entitlement to up to $1 million of insurance coverage from her own insurer, pursuant to the Family Protection Endorsement (OPCF-44R). This Endorsement would provide up to $800K of insurance over-and-above the $200K statutory minimum in Ontario if the Plaintiff could corroborate with “other material evidence” the fact that the crash involved an unidentified motorist. The difficulty in this case was that there was no such admissible corroborating evidence; only the hearsay evidence of a police officer who spoke with an independent witness, which witness also left the scene and was never identified. The insurer brought a summary judgment motion to deprive the Plaintiff of that extra $800K of insurance coverage. Thomson Rogers successfully responded to the motion and a declaration of insurance coverage was issued in favour of the Plaintiff.

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