The plaintiffs sought court approval for an advance payment of $1 million (the insurance policy limits) from one set of defendants to a plaintiff under disability.
A co-defendant opposed the approval, arguing the payment would only benefit the plaintiffs' counsel to fund ongoing litigation and that the Insurance Act did not contemplate such a payment without an admission of liability.
The court rejected these arguments, finding no prejudice to the co-defendant and concluding that the advance payment would benefit the plaintiff.
The court approved the advance payment and awarded costs to the plaintiffs.
