Faulds v. O'Connor

Faulds v. O'Connor

The court found the van was not "owned or regularly or frequently used" by the defendant within the meaning of the Wawanesa policy; therefore the Wawanesa policy extended coverage to the defendant on Jan 14, 2004. As a consequence Section D uninsured motorist coverage under Dominion did not apply to Faulds, and...

Source-derived case information.

Citation
2010 NSSC 55
Parties
Plaintiff: Lori Ann Faulds; Defendant: Wayne O'Connor; Defendant: Spectrum Holdings and Management Limited; Defendant: The Dominion of Canada General Insurance Company; Third Party: Wawanesa Mutual Insurance Company
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 February 2010
Procedural Posture
Motor Vehicle Tort Personal Injury and Subrogation; Insurance Coverage Dispute / Motions for Summary Judgment/determination on Coverage and Res Judicata
Outcome
Court granted Wawanesa's position on coverage and res judicata: held defendant insured under Wawanesa policy at time of accident; denied Section D claim against Dominion; barred plaintiff's second action by res judicata.
Legal Topics
Uninsured Motorist Coverage (section D), Policy Interpretation, Subrogation, Default Judgment, Res Judicata (merger and Estoppel), Summary Judgment
Source Language
english
Insurance Law Tort Civil Procedure Uninsured Motorist Coverage (section D) Policy Interpretation Subrogation Default Judgment Res Judicata (merger and Estoppel) +1 more

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Parties

Lori Ann Faulds

Plaintiff

Wayne O'Connor

Defendant

Spectrum Holdings and Management Limited

Defendant

The Dominion of Canada General Insurance Company

Defendant

Wawanesa Mutual Insurance Company

Third Party

Procedural Posture

Motor Vehicle Tort Personal Injury and Subrogation; Insurance Coverage Dispute / Motions for Summary Judgment/determination on Coverage and Res Judicata

Legal Issues

  1. 1 Was the defendant insured under the Wawanesa policy at the time of the accident?
  2. 2 Is the plaintiff entitled to claim Section D (uninsured motorist) coverage from Dominion?
  3. 3 Is the plaintiff's second action for personal injuries barred by res judicata (merger and estoppel)?

Ratio Decidendi

The court found the van was not "owned or regularly or frequently used" by the defendant within the meaning of the Wawanesa policy; therefore the Wawanesa policy extended coverage to the defendant on Jan 14, 2004. As a consequence Section D uninsured motorist coverage under Dominion did not apply to Faulds, and Dominion's earlier subrogated default judgment for property damage operated to merge the cause of action and estop Faulds from bringing the subsequent personal injury action (res judicata).

Court Disposition

Court granted Wawanesa's position on coverage and res judicata: held defendant insured under Wawanesa policy at time of accident; denied Section D claim against Dominion; barred plaintiff's second action by res judicata.

Orders

  • Wayne O'Connor was insured under the Wawanesa policy on January 14, 2004.
  • Lori Ann Faulds is not entitled to claim Section D coverage from The Dominion of Canada General Insurance Company.