NOVA SCOTIA COURT OF APPEAL
Citation: LeBlanc v.Wawanesa Mutual Insurance Company, 2006 NSCA 138
Date: 20061218
Docket: CA 267938
Registry: Halifax
Between:
Joseph Gerard LeBlanc
Appellant
v.
Wawanesa Mutual Insurance Company
Respondent
Judge: Chief Justice Michael MacDonald
Appeal Heard: November 27, 2006
Subject: Statutory Interpretation, Automobile Insurance, Extent of Mandatory Coverage
Summary: A young lady suffered nervous shock upon seeing her cousin being killed when struck by an uninsured motorist. She claimed against the respondent insurer who had issued a standard automobile policy to the deceased’s stepfather. It contained a mandatory endorsement covering losses involving uninsured motorists. The trial judge ruled for the insurer, declaring that its coverage did not extend to this loss. The Nova Scotia Uninsured Motorist Claims Fund through its Facility Association thus had to assume the loss. It appealed to this court.
Issue: Did the respondent’s mandatory coverage extend to this type of loss?
Result: Appeal dismissed with costs. This type of loss was not covered under the respondent’s policy.