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Appeal allowed; Fault Determination Rules preclude 'leapfrogging' loss transfer claims between vehicles that do not directly collide.
Kingsway appealed an arbitrator's decision ordering it to indemnify Dominion for statutory accident benefits paid following a four-vehicle chain reaction collision.
The arbitrator found that s. 9(3) of the Fault Determination Rules did not apply because the fourth vehicle was stationary, and applied ordinary tort rules to find Kingsway's insured 100% at fault.
The Superior Court allowed the appeal, holding that s. 9(3) applies to the three vehicles in motion regardless of the stationary fourth vehicle.
Following the Court of Appeal's decision in State Farm, s. 9(3) precludes 'leapfrogging' loss transfer claims between vehicles that do not directly collide.
Personal automobile insurer held responsible for paying accident benefits to driver of commercial truck.
The appellant insurer appealed an arbitration order finding it responsible for paying statutory accident benefits to the respondent driver.
The driver was injured in a single-vehicle accident while operating a commercial truck made available for his regular use by his employer.
The Director's Delegate dismissed the appeal, holding that the driver was an 'insured person' under his personal automobile policy because the accident involved 'another automobile' within the meaning of the Statutory Accident Benefits Schedule.
Furthermore, the deeming provisions of the Schedule did not alter the priority rules under section 268(2) of the Insurance Act.
