Plaintiff enters into an agreement with insurers for LTD and SABs but attempts to withdraw from agreements.
November 05, 2014, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Morant and Sun Life Assurance Company of Canada
Heard Before: Justice J. Daley
Date of Decision: May 23, 2014
ONTARIO SUPERIOR COURT OF JUSTICE
Paulet Morant was injured in a car accident. As a result of her injuries she pursued Long Term Disability (LTD) payments from Sun Life, and Statutory Accident Benefits (SABs) from her own insurer TD Insurance, and tort damages from TD Insurance as the owner/operator of the other car was an uninsured driver.
In mediation Ms. Morant agreed to settle her claim with Sun Life for the all-inclusive sum of $110,000. She executed a Full and Final Release in favour of Sun Life and a consent providing for the discontinuance of action against Sun Life. Sun Life immediately forwarded the settlement funds to Ms. Morant’s solicitor. Concurrent with this Ms. Morant also settled her claim with respect to TD Insurance for the sum of $250,000.
Within three weeks of reaching an agreement with Sun Life and TD Insurance, Ms. Morant changed her mind and attempted to withdraw from her agreement. She is seeking the settlement with Sun Life be set aside. She claims she entered into her agreement when she was in pain and exhausted from the day long negotiation. Records of the day’s events do not support her claim on this issue, nor do her medical records.
TD has moved for judgement in terms of the claims made against it for the determination of whether both of the actions were resolved on a full and final basis. The LTD claim and tort claim were settled at mediation and the minutes of Settlement and Full and Final Release were executed by all parties and their counsel.
Upon review of the case, Justice Daley determined that this is a case of ‘buyer’s remorse’ in which Ms. Morant is misrepresenting her physical and emotional state during the negotaition of the settlement with Sun Life. Ms. Morant did not appear on her own behalf at trial, but preferred to file an affidavit outlining her position. The Justice found this impacted her veracity.
As a result of the facts of the case, Justice Daley determined that Ms. Morant entered into binding settlements with Sun Life and TD Insurance and that the settlements should be enforced. Sun Life is therefore entitled to judgment in terms of the Minutes of Settlement, requiring payment by it to the plaintiff of the all-inclusive sum of $110,000 in exchange for the Full and Final Release and the discontinuance of the action.
Having concluded that Ms. Morant entered into a binding settlement with TD Insurance in the sum of $250,000, and having considered the affidavit evidence submitted on its behalf, Justice Daley determined that the settlement of the insurer’s liability to Ms. Morant has been concluded thereby resulting in the assignment of the plaintiff’s rights against the uninsured driver and owner to TD Insurance. Justice Daley was further satisfied that TD Insurance is therefore entitled to judgment against the uninsured defendants.
|Posted under Personal Injury, Automobile Accident Benefits, Car Accidents, Disability Insurance, Pain and Suffering, Spinal Cord Injury
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