Brideau v. Co-operators compagnie d'assurance générale, (2000) 225 N.B.R.(2d) 396 (CA)

• Judge: Ryan, Drapeau and Larlee, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 19, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 225 N.B.R.(2d) 396 (CA)

Brideau v. Co-op General Ins. (2000), 225 N.B.R.(2d) 396 (CA);

    225 R.N.-B.(2e) 396; 578 A.P.R. 396

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Temp. Cite: [2000] N.B.R.(2d) TBEd. MY.014

Co-operators General Insurance Company (defendant/appellant) v. Edmond Brideau (plaintiff/respondent)

(261/99/CA)

Indexed As: Brideau v. Co-operators compagnie d'assurance générale

New Brunswick Court of Appeal

Ryan, Drapeau and Larlee, JJ.A.

April 19, 2000.

Summary:

Brideau brought an action against an insurer to recover insurance benefits.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action. The insurer appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Insurance - Topic 6628.1

Multi-peril property insurance - Household or homeowner's policies - Falling objects - An insurer covered perils to the insured's building and personal property caused by a falling object which strikes the exterior of a building or swimming pool - The cover from the insured's pool chlorine reservoir fell to the bottom of the pool - The cover eventually pierced the pool's liner and as a result the following spring, the water that it would normally have retained escaped and the block of ice at the surface sank to the bottom of the pool exercising pressure and causing the walls to collapse - The New Brunswick Court of Appeal held that this was an insured peril.

Cases Noticed:

McIninch v. Cumis General Insurance Co., [1993] R.R.A. 684 (Que. S.C.), dist. [para. 6].

Counsel:

Marc Roy, for the appellant;

Edmond Brideau appeared in person.

This appeal was heard on April 19, 2000 by Ryan, Drapeau and Larlee, JJ.A., of the New Brunswick Court of Appeal.

The decision of the Court of Appeal was delivered on April 19, 2000 and reasons were filed on April 26, 2000.