The appellant insurer appealed a decision finding that the respondents were entitled to recover under the Family Protection Coverage (FPC) Endorsement of an automobile insurance policy.
The respondents were injured in a collision caused entirely by an uninsured motorist.
The appellant argued that because it was obliged to pay $1,000,000 under the liability coverage to one of the injured family members (due to the mother's contributory negligence), its maximum liability under the FPC Endorsement to the other family members was zero.
The Court of Appeal dismissed the appeal, holding that the mother was not jointly liable with the uninsured motorist for the damages suffered by the respondents, and therefore the liability coverage available to her did not reduce the insurer's maximum liability under the FPC Endorsement.
