The applicant insurer brought an application under Rules 14 and 21 for a pre-trial declaration regarding priority of insurance coverage between itself and the respondent insurer for an unidentified motorist claim.
The underlying action involved an employee struck by an unidentified vehicle while inspecting his employer's truck.
The court dismissed the application, finding that material facts regarding whether the claimant was a pedestrian or operator, as well as issues of estoppel and laches due to the applicant's six-year delay in raising the priority issue, required a full evidentiary record to be determined at the upcoming trial.
