In September 2012, the Supreme Court of Newfoundland and
Labrador released two concurrent decisions related to a collision
between a pedestrian on a crosswalk and an unknown vehicle. The
first decision, Tucker v. Unknown Person, dismissed the
plaintiff's application to add his own automobile insurer as a
defendant to the action. In the second decision, Tucker v. AXA
Insurance, the Court dismissed Tucker's direct action
against his own automobile insurer for Section D policy benefits as
the limitation period had expired.
Tucker v. Unknown Person, 2012 NLTD(G) 132
Ian Tucker initiated an action in negligence against an unknown
person, claiming personal injuries as the result of being struck by
a motor vehicle while crossing a road at a designated crosswalk.
Neither the driver nor the car was identified. The statement of
claim was never served. Tucker applied to have AXA General
Insurance ("AXA"), his own automobile insurer, added as a
defendant and to amend the
