The plaintiff was injured in a motor vehicle accident. Wawanesa was the insurer of the rental company that had rented a vehicle to the named defendants. Wawanesa denied coverage to the two named defendants but defended the rental company. The named defendants were noted in default. Wawanesa eventually settled the plaintiff’s claim and sought an assignment from the plaintiff of her claims against the named defendants. Justice Faieta declined to grant the relief sought due to Wawanesa’s failure to adduce evidence on the following points: the heads of damages claimed; the amount paid on settlement for each head of damage; the range of recovery for each head of damage had the matter proceeded to trial; and the likelihood that the plaintiff’s claim for non-pecuniary loss would have satisfied the threshold requirement of “permanent serious impairment of an important physical, mental or psychological function” had the matter proceeded to trial. The court adjourned the motion to allow Wawanesa to provide this information by way of further affidavit evidence.
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