Court Rules Against Insurer In Hit-And-Run Scooter Accident

An Ontario court has ruled against an insurer’s attempt to dismiss a lawsuit in which an argument was made that the woman on the receiving end of a hit-and-run could have reasonably done more to get the driver’s information.

In a recent Ontario Superior Court of Justice ruling, Justice James Stribopoulos declined to summarily dismiss a lawsuit filed by Elizabeth Lamb against Co-operators General Insurance Co.

Whether The Co-operators has to pay out on the claim still has to be determined by trial. What Lamb v. Co-operators General Insurance Co. does mean is that that Stribopoulos has found there is a genuine issue regarding trial.

One issue is whether it was reasonable for Lamb to have failed to get the allegedly at-fault driver’s information.