The moving party sought costs after bringing a motion to dismiss the action against it in a motor vehicle negligence claim.
The plaintiff had initially included the moving party as a defendant due to a potential vicarious liability theory but indicated willingness to discontinue once insurers confirmed that dismissal would not prejudice coverage claims.
The court found the plaintiff acted reasonably and did not prolong the proceedings.
However, the court concluded that one insurer’s delay in consenting contributed to additional procedural steps.
Costs were awarded to the moving party on a partial indemnity basis and apportioned primarily against that insurer.
