The insured appealed a decision of the motion judge that there was no genuine issue for trial.
The Court of Appeal allowed the appeal, finding that the case raised issues relating to the interpretation of s. 9.1 of the Automobile Insurance Regulations and issues of credibility concerning the effectiveness of service and the existence and timing of a settlement.
Given the credibility issues, the motion judge did not have a proper record to interpret s. 9.1 and erred in failing to find a genuine issue for trial.
