On April 3rd Justice Leiper, of the Superior Court of Justice, released her reasons for decision in Chavez v Economical Mutual Insurance Company, 2020 ONSC 2005, dismissing the plaintiff’s coverage application. Stephen Moore and Harrison Nemirov of our firm represented Economical.
Chavez was seeking coverage from Economical for an SUV/motorcycle accident which occurred in August of 2011. A mother and daughter riding the motorcycle sustained serious injuries. Both sued Chavez in separate actions. Additionally, both plaintiffs sued their OPCF 44R insurer and the passenger also sued the operator of the motorcycle (her mother). The motorcycle operator had, in turn, third partied Economical seeking a declaration that it insured Chavez. In 2018, almost 7 years after the accident, Chavez sued Economical for coverage.