INSURANCE ISSUES
When an insurer contemplates settling to its policy limits in an
auto case, it must take steps to ensure that all potential claims
have been accounted for. Where an insurer, knowing of another claim
for the same accident, paid its limits in three actions, it was
held liable to pay the other claim in addition to what it had
already paid up to the policy limits.
Scale Estate v The Cooperators General
Insurance Company,
2018 ONSC 363 per Nightingale, J. [4284]
FACTS AND ISSUES:
On June 25, 2006, Mitchell Emms ("Emms") was the
driver of a motor vehicle (the "Emms Vehicle") when he
lost control of it and collided with three other vehicles (the
"Accident"). Two passengers in the Emms vehicle, Amanda
Scale and Chantelle Gail died as a result. Three other passengers
in the Emms Vehicle and two occupants of the other vehicles were
injured as well. The Estate of Amanda Scale and her relatives
sued.
