Knowledge Centre

Third-Party Renter’s Insurer Ordered to Respond

Mitch Kitagawa and Brent Craswell
February 2015 Kelly Santini LLP,

In Elias v Koocheck (2014 ONSC 5003), Mosa Moshe rented a car from Aviscar. Reza Koochek was listed as an additional driver on the rental agreement. Mr. Koochek was driving the car when it was involved in a collision. Other parties in the collision commenced an action against Mr. Koochek and Aviscar. Aviscar requested that Mr. Moshe be added as a defendant, but the plaintiffs did not comply. As a result, Aviscar commenced a third-party claim against Mr. Moshe, seeking contribution and indemnity. At the time of the collision, Mr. Moshe was insured by Intact, while Mr. Koochek did not have his own automobile insurance policy.

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