The plaintiff was injured in a motor vehicle collision and sued her auto insurers under the uninsured automobile coverage.
Her insurers issued a third-party claim against Aviva, alleging that Aviva insured the at-fault vehicle.
Aviva moved for summary judgment, arguing that the vehicle was fraudulently added to its policy after the collision occurred.
The court dismissed the motion, finding that there were genuine issues for trial regarding whether the named insured owned the vehicle at the time of the collision and whether the policy was validly back-dated, noting that a trial was necessary to resolve the complex factual issues surrounding the alleged fraud.
