The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for non-earner benefits and bad faith damages following a motor vehicle accident.
The court found that the plaintiff was statutorily barred from receiving non-earner benefits because she failed to submit a completed disability certificate indicating she met the statutory criteria, and she failed to attend a required section 44 insurer examination.
As there was no valid claim outstanding, the claim for bad faith damages was also dismissed.
The motion for summary judgment was granted and the action was dismissed.
