G. Mazin

Aviva sought costs for its motion to be added as a statutory third party.

The plaintiff and one defendant claimed they never opposed the motion, but the case conference endorsement explicitly stated they did, leading Aviva to prepare for an opposed motion.

The court found it was reasonable for Aviva to rely on the endorsement and awarded Aviva $5,000 in costs on a partial indemnity scale, payable equally by the plaintiff and the responding defendant.

The plaintiff's wife died of metastatic breast cancer after suffering a fall that caused fractures.

The plaintiff claimed accidental death benefits under an employer-provided group insurance policy, which was denied by the insurer because the death was caused by illness, not an accident.

The plaintiff sued the employer, Chrysler, alleging negligent misrepresentation regarding the policy terms, negligent selection of the insurer, and negligent infliction of mental distress.

Chrysler moved for summary judgment.

The court granted the motion and dismissed the action, finding no genuine issue for trial as the employer's benefit summaries contained clear disclaimers directing employees to the actual policy wording, and the employer's conduct was not flagrant, outrageous, or malicious.