The plaintiff leasing company brought a motion for summary judgment to recover the balance owing under a vehicle lease agreement after the lessee stopped making payments following the alleged theft of the vehicle.
The defendants argued that their insurer should assume responsibility for the remaining payments.
The court held that the lease agreement required the lessees to continue payment regardless of insurance coverage and that any dispute with the insurer was separate from the debt owed to the plaintiff.
Summary judgment was granted against the primary lessee who admitted ceasing payments.
However, concerns about whether the alleged co-lessee had actually signed or understood the agreement created a genuine issue requiring trial as to her liability, and summary judgment was refused against her.
A motion to consolidate this action with a separate insurance claim against the insurer was dismissed.
