The defendants, Economical Insurance Group and Perth Insurance Company, brought a motion for summary judgment to dismiss the plaintiffs' action for damages arising from a motor vehicle accident.
The core dispute was whether the plaintiff's newly acquired motorcycle was covered under his existing auto policy, which the defendants argued was voided because the plaintiff owned another uninsured, allegedly inoperable vehicle.
The court dismissed the motion, finding a genuine issue for trial regarding what the plaintiff's insurance broker told him about coverage.
The court declined to order a mini-trial, concluding it would not be in the interests of justice to hear the broker's evidence piecemeal.
