The plaintiff was injured in a motor vehicle accident and sued her long-term disability insurer after being denied benefits.
She was receiving income replacement benefits from her accident benefits insurer.
The accident benefits insurer successfully moved to be added as a defendant to help the plaintiff secure long-term disability benefits, which would reduce its own payment obligations.
The long-term disability insurer appealed.
The Divisional Court allowed the appeal, finding that the accident benefits insurer was not a necessary party under Rule 5.03 and had no direct cause of action against the long-term disability insurer.
