Mutual of Omaha v. Stats, [1978] 2 S.C.R. 1153 (1978)

Supreme Court of Canada

Mutual of Omaha v. Stats, [1978] 2 S.C.R. 1153

Date: 1978-06-29

Mutual of Omaha Insurance Company (Defendant) Appellant;

and

Evelyn Isobel Stats (Plaintiff) Respondent.

1978: February 23, 24; 1978: June 29.

Present: Laskin C.J. and Martland, Spence, Pigeon and Estey JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Insurance-Accident insurance-Motor vehicle-Insured killed in accident-Insured driving while intoxicated-Blood alcohol level of 190 mg. per 100 ml. of blood-Whether death caused by "accident"-Definition of "accident".

Plaintiff was the sister of the late Helen Kathleen Brown who died as a result of injuries received while driving a motor vehicle. Mrs. Brown was a member of the Canadian Automobile Association and as such became entitled to obtain from the appellant a Travel Accident Insurance Policy providing for the payment of $25,000 upon death. This policy provided for the payment in reference to an automobile accident "while driving, riding in, boarding or alighting from any private automobile" and the injuries insured against were defined as "accidental bodily injuries...". Plaintiff was the named beneficiary.

Mrs. Brown had visited her sister in law in Toronto in the morning of Sunday, June 27, 1971, and remained there for about two hours. In that period she had coffee but no alcoholic drink and was described by her sister in law as being "perfectly alright". At about 2 p.m. that same day, Mrs. Brown and her lady friend, Mrs. Craig, visited the Rennie residence, elsewhere in the city, and there nothing unusual was noticed about either Mrs. Brown or Mrs. Graig by either Mr. or Mrs. Rennie. When the two ladies were leaving Mrs. Brown was driving with Mrs. Craig as passenger. Mrs. Brown in reversing out of the driveway struck the car of a Mr. Green damaging neither car. Mr. Green heard the noise and came to see what had happened. Mrs. Brown said that she was having difficulty with her car and could not start it. Mr. Green started it for her and found it in good order. He thought however that Mrs. Brown seemed a little vague and disorganised, perhaps because of touching his car. Mrs. Brown however indicated that she was alright and declined Mr. Green's offer to drive her car to wherever she was going. On entering the car Mrs. Brown ...

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