On April 3rd Justice Leiper, of the Superior Court of Justice,
released her reasons for decision in Chavez v Economical Mutual
Insurance Company, 2020 ONSC 2005, dismissing the
plaintiff's coverage application. Stephen Moore and
Harrison Nemirov of our firm represented Economical.
Chavez was seeking coverage from Economical for an
SUV/motorcycle accident which occurred in August of 2011. A mother
and daughter riding the motorcycle sustained serious injuries.
Both sued Chavez in separate actions. Additionally,
both plaintiffs sued their OPCF 44R insurer and the passenger also
sued the operator of the motorcycle (her mother). The
motorcycle operator had, in turn, third partied Economical seeking
a declaration that it insured Chavez. In 2018, almost 7 years
after the accident, Chavez sued Economical for coverage. The
two tort actions were settled for about $1.25 million with the
question of who pays left to the coverage trial. The actions
against Economical were
