This is a very interesting decision by a Judge. In the case of Tucci v. Pugliese, 2009 the Plaintiff was sitting in her kitchen when a car ran into her home. The car never struck the Plaintiff but did cause almost $85,000 worth of damage.
The Plaintiff brought a law suit against the insurance company since the operator of the car did not have any insurance. The Plaintiff alleged she largely suffered from nervous shock because of the trauma caused by the sudden bang. The Plaintiff also provided medical evidence to support her claim.
The Defendant insurance company argued based on the wording of the insurance policy, that an actual impact had to occur.
The Judge rejected the Defendants position and accepted the Plaintiff`s view. The Judge expanded the words of the policy to include a scenario such as this where the Plaintiff was never physically hit by the car.
Rehan Khalil is a personal injury lawyer in Mississauga.
