Court of Appeal for Ontario Ruling for Paraplegic Shows Why David Hollingsworth is One of the Top Lawyers Ottawa Families Count on.
In a recent decision by the Court of Appeal for Ontario, a young woman visiting her family farm was deemed not to be an “insured” under the farm’s insurance policy after suffering a tragic Ottawa accident. This ruling is one of the reasons that, when it comes to challenging cases, David Hollingsworth is one of the top lawyers Ottawa clients look to for help and compensation.
The Court of Appeal for Ontario ruled that Naomi Marchand was entitled to access to insurance coverage from her family’s insurance policy with Lanark Mutual Insurance Company. Naomi’s accident occurred after she went home to visit her brother, who had just returned after a long absence. It was over two weeks into the visit that Naomi fell through the balcony railing and became a paraplegic.
David Hollingsworth is one of the experienced personal injury lawyers Ottawa residents rely on and consequently the Marchand family hired him to help them achieve justice for their daughter. Their insurance policy included a standard clause in which the term ‘insured’ described a relative as a family member who was ‘living in the named insured’s household’, a clause that is meant to protect the insurer from collusive claims filed by family members who live together. Of all the personal injury lawyers Ottawa has to offer, David took the case and dedicated himself to ensuring justice and compensation for Naomi’s family. Because Naomi hadn’t yet purchased a return ticket back to her home in British Columbia at the time of the accident, Lanark Mutual argued that she qualified as a “living in” her parents’ household. This meant the insurance company didn’t have to respond to the liability claim because it was brought by one insured against another.
However, based on the rocky relationship Naomi had with her family and the fact that she had left her family home at the age of fifteen, personal injury lawyer David Hollingsworth was able to show that she was not a resident ‘family member’ at the time of the Ottawa accident. He also presented evidence that she both intended to fly back home, even though she didn’t have a ticket, and that she had been seeking employment back in BC. This attention to detail is the main reason why David Hollingsworth is one of the lawyers Ottawa residents count on to win the toughest cases.
David presented the evidence and the judges agreed and concluded that the parents did not have a close relationship with their daughter, which made the insurer’s refusal to pay invalid. This led the court to rule that Naomi’s family could access their home insurance policy and she was entitled to maximum compensation. The positive outcome of this claim explains why David Hollingsworth is one of the top personal injury lawyers Ottawa families turn to with challenging cases and as one of the top personal injury lawyers Ottawa residents can count on.