The court dismissed the plaintiff's accident benefits claim as statute-barred but allowed his novel derivative claim for mental distress as an unnamed insured to proceed.
The plaintiff, Timothy Watkins, brought two actions against his mother's insurer, Western Assurance Company: an accident benefits claim and a derivative claim.
Western Assurance brought two motions seeking to dismiss these actions.
The court granted summary judgment, dismissing the accident benefits claim due to the plaintiff's failure to submit an application for benefits and the expiry of the limitation period.
However, the court dismissed Western Assurance's motion to strike the derivative claim, finding it was not plain and obvious that this claim, which included contractual claims as an unnamed insured, was certain to fail.
SCJSuperior Court of JusticeAug 31, 2016
