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Chain-reaction accidents: Who pays?

Wednesday, March 22, 2017 @ 1:50 PM | By Steve Rastin

The Ontario Superior Court of Justice has provided clarity as to how the fault attribution rules ought to be applied to loss transfer disputes in chain-reaction motor vehicle accidents.

In Kingsway General Insurance Co. v. Dominion of Canada General Insurance Co. 2017 O.J. No. 391, a commercial vehicle insured by Kingsway struck another vehicle which in turn struck an automobile insured by Dominion. All three vehicles were moving. The Dominion vehicle then struck a stationary vehicle. Dominion brought a claim against Kingsway for loss transfer indemnification for...