Somersall v Scottish & York

CaptainK

Hello,

In the battlecard: (02) Somersall v Scottish & York: Rulings 1,2,3 (initial, appeal, SuprCrt)

You mention that the inital ruling is motions judge rules for insurer. --> But that means that it is in favor of the insurance company.

Isn't the inverse? The trial court ruled in favor of the Somersalls, allowing them to claim under their underinsured motorist coverage. The court found that the settlement with the at-fault driver did not prejudice the insurer's rights, and therefore, the Somersalls were entitled to the additional compensation under their own policy

CaptainK

• Trial Court: Ruled in favor of the insured (Somersalls).
• Court of Appeal: Reversed the trial court's decision, ruling in favor of the insurer (Scottish & York).
• Supreme Court of Canada: Overturned the Court of Appeal and reinstated the trial court's decision, ruling in favor of the insured (Somersalls).

Staff-T1

No. it says the motion judge agreed with the insurer in the source

CaptainK

okay thanks!