William Woodward

The plaintiff was injured in a motorcycle accident in South Carolina caused by an underinsured motorist.

The plaintiff settled his claim for $143,500, funded by TD Insurance, subject to a determination of liability between TD and Allstate Insurance.

TD brought a motion for summary judgment arguing Allstate was solely liable under its OPCF 44R Family Protection Coverage endorsement.

The court found the plaintiff met the definition of an 'insured person' under the Allstate corporate policy because he was an employee provided with a regular use vehicle, and the 44R endorsement provided differently than the OAP-1 exclusions.

Consequently, the plaintiff was excluded from coverage under the TD policy.

Allstate was ordered to reimburse TD for the settlement amount plus costs.

The plaintiffs were injured in a motor vehicle accident in Minnesota and settled their claims there for $600,000.

They subsequently sued their Ontario insurer under the OPCF-44R Family Protection Coverage endorsement for under-insurance.

The plaintiffs brought a motion to amend their pleadings and to determine questions of law under Rule 21 regarding whether the Minnesota defendants were underinsured and whether legal fees from the Minnesota action could be claimed as special damages.

The court held that the Minnesota defendants were underinsured with respect to one plaintiff whose settlement reached the foreign statutory limit, but not for the other plaintiff who settled below the limit.

The court further held that the legal fees incurred in the foreign action could be claimed as special damages by the eligible plaintiff.