Cunningham v. Western Union Insurance Co., (1979) 26 A.R. 361 (QB)

• Judge: Crossley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 14, 1979
• Citations: (1979), 26 A.R. 361 (QB)

Cunningham v. Western Union (1979), 26 A.R. 361 (QB)

MLB headnote and full text

Cunningham v. Western Union Insurance Company

(4218)

Indexed As: Cunningham v. Western Union Insurance Co.

Alberta Court of Queen's Bench

Judicial District of Grande Prairie

Crossley, J.

December 14, 1979.

Summary:

This headnote contains no summary.

Insurance - Topic 4255

Automobile insurance - Statutory conditions - Notice to insurer of accident - The insured gave no notice of a motor vehicle accident in the first instance and supplied information only on the instigation of the insurer - The Alberta Court of Queen's Bench stated that the driver and the owner of the vehicle failed in their duty to notify the insurer of the accident - The court stated that by the delay, the insurance company was deprived of the right to investigate the accident and, if it so desired, to attempt to negotiate an expeditious and reasonable settlement - See paragraphs 12 to 16.

Insurance - Topic 4616

Automobile insurance - Actions by third party against insurer on public liability policy - Defences respecting claims by passengers - The plaintiff passenger brought an action against the defendant insurance company respecting a judgment against the owner and driver for damages respecting a motor vehicle accident - The insured had given no notice to the insurer of the accident and eventually supplied information only on the instigation of the insurer - The Alberta Court of Queen's Bench dismissed the plaintiff's action - The court held that the rights of the plaintiff as a passenger accrued through and under the rights of the owner, who failed in his duty to notify the insurer of the accident - See paragraphs 11 and 12.

Cases Noticed:

Canadian Indemnity Company v. Erickson, [1959] S.C.R. 672, consd. [para. 11].

Markus v. Western Union Insurance Company and Supervisor Motor Vehicle Branch of Alberta, 48 W.W.R.(N.S.) 428, consd. [para. 12].

Alfred Marcoux v. The Halifax Fire Insurance Company, [1948] S.C.R. 278, refd to. [para. 14].

Duchene v. General Accident Assurance Co., 31 O.W.N. 59, refd to. [para. 14].

W. Schoeler Trucking Ltd. v. Markel Insurance Company of Canada, 9 Alta. L.R.(2d) 232, consd. [para. 14].

Counsel:

A.S. Romanchuk, for the plaintiff;

J.A. Weir, for the defendant.

This case was heard before CROSSLEY, J., of the Alberta Court of Queen's Bench, Judicial District of Grande Prairie.

Judgment of CROSSLEY, J., was delivered on December 14, 1979.