Russell Wm. Palin

The respondent was injured in a motor vehicle accident caused by an uninsured driver who was being pursued by police.

She sued the uninsured driver and her own insurer under the uninsured coverage provisions of her policy, but did not sue the police or municipality.

The insurer brought a third-party claim against the police and municipality, and argued it was not liable to pay the respondent because she failed to sue the insured joint tortfeasors.

The Court of Appeal held that an injured insured is not required to sue insured potential joint tortfeasors to access uninsured coverage, and is only disentitled if the joint tortfeasor's insurer admits liability to pay or the insured obtains judgment against them.

The appeal was dismissed.

The plaintiff was injured in a motor vehicle accident caused by an uninsured driver who was fleeing police.

The plaintiff sued the uninsured driver and her own insurer under the uninsured coverage provisions of her policy, but did not sue the police or municipality.

The insurer brought a third-party claim against the police and municipality, arguing that the plaintiff was disentitled from uninsured coverage because she failed to sue the insured joint tortfeasors.

The Court of Appeal dismissed the insurer's appeal, holding that the phrase 'entitled to recover' in the Uninsured Automobile Coverage Schedule means 'entitled to recover in fact', and an injured insured is not required to sue potential joint tortfeasors to access their uninsured coverage.