The plaintiffs were injured in a motor vehicle accident in Minnesota and settled their claims there for $600,000.
They subsequently sued their Ontario insurer under the OPCF-44R Family Protection Coverage endorsement for under-insurance.
The plaintiffs brought a motion to amend their pleadings and to determine questions of law under Rule 21 regarding whether the Minnesota defendants were underinsured and whether legal fees from the Minnesota action could be claimed as special damages.
The court held that the Minnesota defendants were underinsured with respect to one plaintiff whose settlement reached the foreign statutory limit, but not for the other plaintiff who settled below the limit.
The court further held that the legal fees incurred in the foreign action could be claimed as special damages by the eligible plaintiff.
