This decision confirmed benefits coverage was available to an operator of an uninsured vehicle involved in a non-accident incident with another, insured vehicle.
This case examines a loss of competitive advantage claim and the test to determine if a question should be put to the jury.
The LAT reversed its decision which would have barred the applicant from proceeding with a claim for benefits.
Insured not catastrophically impaired due to pre-existing mental health issues
In Part I of my reporting on this case, which can be found here, I looked at the court’s decision regarding the award of damages for loss of future earning capacity. The same decision also addressed the circumstances of when an award of damages for loss of housekeeping capacity should be awarded and how.
The plaintiff/appellant broke his arm when he was five years old and the defendant/respondent was an orthopaedic surgeon whose negligence in the treatment of the plaintiff’s arm resulted in permanent deformity
