Hoeffer v. Manitoba Public Insurance Corp., (1981) 14 Man.R.(2d) 72 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 21, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 14 Man.R.(2d) 72 (CoCt)

Hoeffer v. MPIC (1981), 14 Man.R.(2d) 72 (CoCt)

MLB headnote and full text

Hoeffer v. Manitoba Public Insurance Corportion

Indexed As: Hoeffer v. Manitoba Public Insurance Corp.

Manitoba County Court

Lockwood, C.C.J.

October 21, 1981.

Summary:

An insured's motor home was covered under an all perils insurance policy. A short circuit occurred in the wiring of the motor home, causing damage. The insured sought to recover damages for loss by fire under the policy. The insurer claimed that the damage was not caused by fire or that the damage was caused by mechanical breakdown and was therefore excluded from coverage.

The Manitoba County Court held that the insured's damages occurred because of fire and allowed the insured's action against the insurer.

Insurance - Topic 5165

Automobile insurance - Compulsory government schemes - All peril vehicle coverage - Exclusions - Mechanical breakdown - A short circuit in the wiring of a motor home resulted in smoke, but no flames - The motor home was insured for all perils coverage - The Manitoba County Court held that the loss or damage was caused by fire and not mechanical breakdown and therefore liability was not excluded under s. 27(a) of Manitoba Insurance Regulation 333/74 - See paragraphs 11 to 14.

Words and Phrases

Fire - The Manitoba County Court discussed the meaning of the word "fire" as found in s. 27(a) of Manitoba Insurance Regulation 333/74 - See paragraphs 6 to 13.

Cases Noticed:

Bilrite Rubber (1964) Ltd. v. Royal Insurance Co. et al., [1980] I.L.R. 855, refd to. [para. 10].

Statutes Noticed:

Insurance Regulations (Man.), Regulation 333/74, sect. 25(1) [para. 5]; sect. 27(a) [para. 5].

Authors and Works Noticed:

Shorter Oxford English Dictionary (3rd Ed. 1978) [para. 6].

Counsel:

The plaintiff appeared in person;

D. Birchard, for the defendant.

This action was heard before LOCKWOOD, C.C.J., of the Manitoba County Court, whose decision was delivered on October 21, 1981: