An insured can choose which tortfeasor to claim from to maximize her entitlement to insurance benefits.
When a number of Insureds seek to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the Endorsement. In this case not seeking to recover damages against one insured person resulted in creating coverage that the insured would not otherwise be entitled to under their insurance policy.
Here is the citation: Gostick (Litigation guardian of) v. Squance (Litigation administrator of) 2007 ONCA 674. Ontario Court of Appeal. D.H. Doherty, J.C. MacPherson and E.A. Cronk JJ.A. October 4, 2007.
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