Court of Appeal

Decision Information

Decision Content

                                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.

 

 


 

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