Barlow v. Employee Mutual Liability Insurance Co. of Wisconsin, (1980) 26 A.R. 403 (QB)

• Judge: Egbert, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 08, 1980
• Citations: (1980), 26 A.R. 403 (QB)

Barlow v. Employee Mutual (1980), 26 A.R. 403 (QB)

MLB headnote and full text

Barlow v. Employee Mutual Liability Insurance Company of Wisconsin

(140609)

Indexed As: Barlow v. Employee Mutual Liability Insurance Co. of Wisconsin

Alberta Court of Queen's Bench

Judicial District of Calgary

Egbert, J.

January 8, 1980.

Summary:

This headnote contains no summary.

Insurance - Topic 4562

Automobile insurance - Actions by insured against insurer - Defences - Deliberate act by insured - The wife of the insured brought an action to recover benefits payable for loss of a motor home and death benefits - The deceased husband had been emotionally upset by matrimonial difficulties and his body was found in the charred remains of the motor home - A suitcase was left outside containing a letter to his son, a note and notations in a book - The Alberta Court of Queen's Bench dismissed the plaintiff's action - The court stated that the presumption that the destruction of the vehicle was accidental could only be rebutted by the defendant proving, on a balance of probabilities, that the vehicle was intentionally destroyed - The Court of Queen's Bench held that the husband deliberately caused an explosion in the vehicle, which killed him instantaneously, and the destruction of the vehicle was therefore not accidental - See paragraphs 18 to 19.

Counsel:

T.T. Mudry, for the plaintiff;

J.W. Rose, for the defendant.

This case was heard before EGBERT, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary.

The oral judgment of EGBERT, J., was delivered at Calgary, Alberta, on January 8, 1980.