Grant v. Mutual Life Assurance Co. of Canada, (1979) 20 A.R. 366 (QB)

JudgeMacLean, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 14, 1979
Citations(1979), 20 A.R. 366 (QB)

Grant v. Mutual Life (1979), 20 A.R. 366 (QB)

MLB headnote and full text

Grant v. Mutual Life Assurance Company of Canada

Indexed As: Grant v. Mutual Life Assurance Co. of Canada

Alberta Court of Queen's Bench

Judicial District of Red Deer

MacLean, J.

November 14, 1979.

Summary:

This case arose out of a claim by a beneficiary under a life insurance policy. The deceased insured died as a result of a gunshot wound in the lower abdomen while he was alone at home. The insurer raised the defence of suicide. The Alberta Court of Queen's Bench allowed the wife's action and declared that a preponderance of the evidence showed that the death was accidental.

Insurance - Topic 7229

Life insurance - Defences - Suicide - The deceased died as a result of a gunshot wound in the lower abdomen which was inflicted while the deceased was alone at home - The deceased's wife claimed as beneficiary under a life insurance policy and the insurer raised the defence of suicide - The Alberta Court of Queen's Bench allowed the wife's action and declared that a preponderance of the evidence showed that the death was accidental.

Insurance - Topic 7229

Life insurance - Defences - Suicide - The Alberta Court of Queen's Bench stated that the onus of proof of suicide is on an insurer - See paragraph 27.

Insurance - Topic 7230

Life insurance - Defences - Suicide - Presumption against suicide - The Alberta Court of Queen's Bench stated that a plaintiff beneficiary under a life insurance policy is entitled to invoke the presumption against voluntary death - See paragraph 27.

Insurance - Topic 7229

Life insurance - Defences - Suicide - Evidence of motive - The Alberta Court of Queen's Bench stated that motive, taken alone, has little probative value - See paragraph 28.

Cases Noticed:

London Life Insurance Company v. Mary Catherine Chase, [1963] S.C.R. 207, refd to. [para. 28].

Counsel:

M.C. Shumiatcher, Q.C., for the plaintiff;

M.H. Dale, for the defendant.

This case was heard by MacLEAN, J., of the Alberta Court of Queen's Bench. The judgment of MacLEAN, J., was delivered at Red Deer, Alberta on November 14, 1979.

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1 practice notes
  • Beischel v. Mutual of Omaha Insurance Co., (1991) 122 A.R. 32 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • August 8, 1991
    ...Limited of London, England, [1970] I.L.R. 1044 (B.C.S.C.), refd to. [para. 113]. Grant v. Mutual Life Assurance Company of Canada (1979), 20 A.R. 366 (Q.B.), refd to. [para. Tilley v. Co-operative Life Insurance Company, [1983] I.L.R. 6291 (B.C.S.C.), refd to. [para. 113]. Dominion Trus......
1 cases
  • Beischel v. Mutual of Omaha Insurance Co., (1991) 122 A.R. 32 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • August 8, 1991
    ...Limited of London, England, [1970] I.L.R. 1044 (B.C.S.C.), refd to. [para. 113]. Grant v. Mutual Life Assurance Company of Canada (1979), 20 A.R. 366 (Q.B.), refd to. [para. Tilley v. Co-operative Life Insurance Company, [1983] I.L.R. 6291 (B.C.S.C.), refd to. [para. 113]. Dominion Trus......

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