A. Rudder

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for non-earner benefits and bad faith damages following a motor vehicle accident.

The court found that the plaintiff was statutorily barred from receiving non-earner benefits because she failed to submit a completed disability certificate indicating she met the statutory criteria, and she failed to attend a required section 44 insurer examination.

As there was no valid claim outstanding, the claim for bad faith damages was also dismissed.

The motion for summary judgment was granted and the action was dismissed.

The defendants brought a motion for summary judgment to dismiss the plaintiff's claim for long-term disability benefits and related damages, including an allegation of conspiracy.

The plaintiff had previously received benefits but her coverage was terminated when she reduced her work hours to part-time.

The court found no evidence to support the conspiracy claim against the employer or the insurers.

Furthermore, the court held that the plaintiff's claim for disability benefits was statute-barred under the Limitations Act, 2002, as she discovered or ought to have discovered her claim when she was allegedly unable to work full-time in March 2007, but did not commence the action until May 2011.

The motion for summary judgment was granted and the action was dismissed.

The plaintiff was injured in a motor vehicle accident and subsequently negotiated a $5,000 settlement with the defendants' insurance adjuster, signing a final release.

The plaintiff later commenced an action, arguing the release should be set aside due to unconscionability, negligent misrepresentation, or duress.

The defendants brought a motion for summary judgment to dismiss the action based on the release.

The court found no overwhelming power imbalance, no duty of care owed by the third-party adjuster to the plaintiff, and no evidence of duress.

The motion was granted and the action dismissed.