The plaintiff brought a motion for summary judgment seeking a declaration that she suffered a 'catastrophic impairment' under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The plaintiff relied on an application completed by her psychologist and argued the insurer failed to provide proper notice for a further psychiatric assessment.
The court applied the 'full appreciation' test for summary judgment and found the plaintiff's motion record inadequate, lacking sworn evidence from the plaintiff or her experts.
The court dismissed the motion, concluding that a trial was necessary to properly assess the conflicting expert evidence regarding the plaintiff's impairment.
