Kovacevic v. ING Insurance., 2015 ONSC 3415 – The plaintiffs brought a claim for damages pursuant to the uninsured/underinsured terms of their motor vehicle liability policy. The defendant brought a summary judgment motion to dismiss the plaintiffs’ claim. Alternatively, the defendant is seeking a declaration that it is entitled to a deduction of the policy limits of $1,000,000.00 (USD) in the event the matter proceeds to trial due to the insured tortfeasor’s insurance policy against any damage award that may be made in favour of the plaintiffs. The plaintiffs were injured when their vehicle was struck by a tractor/trailer vehicle in Florida. The plaintiffs were insured by the defendant under a standard Ontario motor vehicle liability policy with a limit of $2,000,000.00.
Plaintiff Must Exhaust Tortfeasor Policy Before Claiming from OPCF
February 2016
Kelly Santini LLP, Ontario

