Shauna Malloy was injured in October of 2014 in a motor vehicle accident. She applied for coverage through her own automobile insurer, Intact Insurance, which was granted. Unfortunately, disagreement between the two arose when Intact Insurance denied coverage for a surgical procedure. Ms. Malloy brought an action against Intact for coverage of the procedure and alleging Intact breached their...
The contractual term “force majeure” will be a hot topic in post-COVID-19 Canada, as parties are unable to perform their obligations pursuant to previously agreed upon contracts. Force majeure, a term taken from the French language, is an event or effect that can be neither anticipated nor controlled. Common examples are floods, hurricanes, riots, strikes and wars. Clauses concerning forces majeures are commonly added to contracts so...
Leizle and Al-Reshman Wage resided in Alberta and were insured by Canadian Direct Insurance pursuant to a standard automobile insurance policy, including an SEF 44 Family Protection Endorsement. Pursuant to an SEF 44 endorsement, the insurer agrees to pay compensatory damages to the insured if they are injured or killed by an inadequately insured motorist. While vacationing in the...
Liberty Mutual Insurance v. Intact Insurance, 2019 NLCA 76
On April 13, 2017, Mervin Bridle was standing behind his employer's vehicle, a large SUV, loading equipment into the trunk. Mr. Bridle heard another vehicle moving behind him and turned to see a Chevrolet Silverado coming towards him in reverse. In a desperate attempt to avoid being struck, Mr. Bridle tried to jump into the trunk of his employer’s vehicle. Tragically, Mr. Bridle’s...
