This issue was dealt with recently in the Superior Court
decision Lica v. Dhaliwal, 2015 ONSC 3888 released
July 29, 2015.
Contrary to the recitals in the Reasons for Decision, the
Plaintiff was represented on the motion by Hollie Nicol, not Marc
Flisfeder.
The Plaintiff commenced an action against the Defendants after
sustaining injuries in a motor vehicle accident. State Farm
Mutual Automobile Insurance Company ("State Farm") had
itself added as a statutory Third Party in the action pursuant to
s. 258(14) of the Insurance Act. The effect of being
added as a statutory Third Party reduces the limits available to
the Plaintiff from the Defendants' insurer to the amount of
$200,000.00. The Plaintiff made a claim for under insurance
coverage from his own insurer, Intact Insurance Company
("Intact") pursuant to the OPCF 44 endorsement. The
Plaintiff required detailed information from State Farm with
respect to its coverage position to the Defendant in order for
