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Saleh v. Traveler’s Insurance Company

Key Points:

  • Background:

    • Mohamed Saleh was involved in a car accident on January 6, 2018, in Philadelphia.
    • Emmet Madden was hired by Saleh to file a personal injury claim against the other driver.
    • Traveler’s Insurance insured the other vehicle involved but did not insure Saleh.
    • The personal injury claim in Philadelphia was settled.
    • Saleh, representing himself, later filed a claim against Traveler’s and Madden, alleging negligence in relation to the settlement.
  • Proceedings:

    • Since 2021, Saleh has not pursued the litigation or contacted the defendants.
    • Traveler’s Insurance moved for summary judgment; Saleh did not respond, resulting in an uncontested motion.
  • Court's Decision:

    • The court found no merit in Saleh's claim against Traveler’s Insurance:
      • Traveler’s owed no duty of care to Saleh.
      • Saleh had signed a full and final release with Traveler’s.
      • The claim was brought in the wrong jurisdiction.
    • Traveler’s made reasonable efforts to serve Saleh, including mailing and emailing to his last known addresses.
    • The court validated and/or dispensed with the requirement of service due to Saleh's lack of response.
    • With no genuine issue requiring a trial, the court dismissed Saleh’s claim.
  • Costs:

    • Saleh was ordered to pay costs totaling $6,589.45, including $4,627.35 in partial indemnity fees and $1,962.10 in disbursements.
MOHAMED SALEH
Law Firm / Organization
Not specified
Lawyer(s)

James Davidson

TRAVELLER’S INSURANCE COMPANY
Law Firm / Organization
Not specified
EMMET MADDEN
Law Firm / Organization
Not specified
Superior Court of Justice - Ontario
CV-21-00673436
Insurance law
$ 6,589
Defendant