State Farm Mutual Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2014 ONSC 3887
-On November 8, 2007, there was a multi-vehicle accident at the intersection of Mavis Road and Eglinton Avenue in Mississauga.
-Bradley Flewelling was the driver of a truck owned by Pepsi Bottling Company and insured by Old Republic Insurance.
-The Pepsi truck struck a Dodge driven by Pupinderpal Litt, which vehicle was insured by the Dominion of Canada General Insurance Company.
-The Dodge, in turn, struck a Nissan being driven by V. Mahalingasivam, which vehicle was insured by State Farm.
-At the time of the accident, all three vehicles were travelling in the same direction and same lane. The Nissan was the lead vehicle, followed by the Dodge, followed by the truck.
-At the time of the accident, the Dodge and the Nissan were stopped, and the accident occurred when the truck rear-ended the Dodge, causing it to rear-end the Nissan.
-Rule 9(4) of the Fault Determination Rules(R.R.O. 1990, REGULATION 668) of Insurance Act is the applicable rule to the circumstances of this case.
-As per the Rule 9(4), insurer of a heavy commercial vehicle/the Pepsi truck that caused a chain reaction series of collisions should be held liable for not only the first collision but for the chain reaction of collisions that followed.
