The plaintiff rear-ended the defendant Middel after Middel was forced to brake suddenly when an unidentified vehicle cut him off.
Middel moved for summary judgment to dismiss the claim against him.
The co-defendant insurer, RBC, cross-moved for summary judgment, arguing Middel was at least 1% liable, which would release RBC from uninsured/unidentified motorist coverage, or alternatively, that the OPCF-44R family protection coverage was not triggered due to lack of independent corroboration.
The court granted Middel's motion, finding him 0% liable as he reacted reasonably to the sudden emergency.
The court dismissed RBC's cross-motion, holding that Middel's evidence constituted independent and material corroboration of the unidentified vehicle, thereby triggering the OPCF-44R coverage.
