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 White’s 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).
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.