Laura Pearce of Greg Monforton and Partners has brought home another victory after representing Ashley Jubenville and her mother Kelly Jubenville at an appeal brought against them by Economical Mutual Insurance Company.
Nearly two decades ago, Ashley was injured in a motor vehicle accident when she was a passenger in a car that was registered to and being driven by her father, Kevin Jubenville. Despite Kevins vehicle not being insured under any policy, Ashley and Kelly were successful at the Superior Court of Justice in winning the initial motion brought against them by Economical.
That motion was brought by Economical to prevent Ashley from claiming damages pursuant to the uninsured motorist provision of an Economical policy that Kelly held on her own vehicles at the time of the accident.
The question being brought forth to the Court of Appeal was whether or not Ashley could benefit from Kelly's policy. It was argued by the legal team representing Economical that Ashley was prohibited from accessing her mothers policy because of an exclusion clause in the policy and in insurance legislation dealing with uninsured motor vehicles.
Laura Pearce responded to the appeal and represented Ashley and Kelly against the insurance company. She was successful in her argument that Economical's appeal should be dismissed.
Laura M. Pearce is a member of the civil litigation department at Greg Monforton and Partners and is part of several law organizations including the Law Society of Upper Canada, Essex Law Association, and the Ontario Trial Lawyers Association.