What is the test for successful direct action against a motorist coverage insurer?
Ontario, Canada
The following excerpt is from Somersall v. Friedman, 1998 CanLII 14920 (ON SC):
The final conclusion which Osborne J.A. draws from Johnson v. Wunderlich is set out at p. 314 as follows: In a direct action against the uninsured motorist coverage insurer, the words of s. 4(1) “legally entitled to recover damages” require the insured person to establish only that the uninsured tortfeasor is at fault and the quantum of the insured person’s damages.
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