LeBlanc v. Allstate Insurance Co., 2021 NBQB 085
On May 17th, 2016, Melissa LeBlanc (the Plaintiff) was injured in a motor vehicle accident. At that time, her vehicle was insured by Allstate (the Defendant). Following the accident, the Plaintiff requested Section B weekly indemnity benefits for a total of 33 weeks; this request was denied by the Defendant on the basis that the Plaintiff did not qualify for weekly indemnity benefits pursuant to the terms of the policy. The Plaintiff filed an action, and the Defendant brought a Motion for Summary Judgment to have that action dismissed pursuant to Rule 22.04 of the New Brunswick Rules of Court.
Pursuant to Part II of Section B of the policy, for payment to be allowed, the insured person must demonstrate
- They were employed at the date of the accident;
- They were substantially unable to perform the essential duties of their occupation due to the effects of the accident; and
- They lost employment income because of this inability to perform.
In addition, the policy provided that the insured person shall be deemed to be employed if actively engaged in salaried employment at the date of the accident or engaged for six months out of the proceeding twelve months prior to the accident.
At the time of the motor vehicle accident, the Plaintiff did not work for her seasonal employer, nor did she work at least six out of twelve months prior to the accident; in fact, evidence showed that the Plaintiff only worked two out of twelve months prior to the accident. Furthermore, affidavits from the Plaintiff’s seasonal employers stated that they had no return to work date with the Plaintiff at the time of the accident.
Chief Justice DeWare found that the Plaintiff did not exhibit a pattern of work where she would return to her seasonal employment year after year. The Chief Justice stated that if the Plaintiff brought evidence of returning year after year to her seasonal job the circumstances would have been different, and the Plaintiff would probably have been entitled to receive the weekly indemnity benefit.
In light of fact that at the time of the accident the Plaintiff was not actively engaged in employment, had worked only two out of the prior twelve months, and did not have a return to work date or history of seasonal work with her last employer, a Motion for Summary Judgment was granted pursuant to Rule 22.04(1) of the New Brunswick Rules of Court and her case was dismissed.
You can read Leblanc v. Allstate Insurance Co., 2021 NBQB 085 in its entirety here.
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