Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation:            Ocean v. Economical Mutual Insurance Company, 

2011 NSSC 202

 

  Date:                 20110531

    Docket:   Hfx No. 190673

Registry:               Halifax

 

Between

 

MAY OCEAN, of Whites Lake, in the Province of Nova Scotia

 

                                                                                                                                              Plaintiff

-and-

 

THE ECONOMICAL MUTUAL INSURANCE COMPANY, a body corporate, registered to carry on business in the Province of Nova Scotia and RAYMOND PATRICK SULLIVAN of Lantz, in the Province of Nova Scotia.

                                                                                                                                                           

                                                                                                                                      Defendants

 

LIBRARY HEADING

 

 

Judge:                   The Honourable Associate Chief Justice Deborah K. Smith

 

Heard:                       September 14, 20, 21, 22, 23, October 4, 5, 6, 7, 13, 14, 15, 20, 25, 26, 27, November 22, 23, December 13, 14, 15, 16, 17, 2010, January 4 and 5, 2011

 

Written Decision:   May 31, 2011

 

Subject:                Civil Action - Motor Vehicle Accident Claim.

 

Issues:                   Liability for the collision and whether the Plaintiff’s insurer is liable to the Plaintiff pursuant to the uninsured motorist provisions (Section D) of her own automobile policy.

 

Result:                  The Defendant, Raymond Sullivan, was found to be primarily responsible for the accident.  The Plaintiff was found to be contributorily negligent.  Liability was apportioned 80% against the Defendant Sullivan and 20% against the Plaintiff.  Fact specific.


 

 

The Plaintiff’s insurer is liable to pay the Plaintiff the amount that she is entitled to recover from the Defendant Sullivan as damages for bodily injuries resulting from the accident up to a maximum of two hundred thousand dollars ($200,000.00).

 

 

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