Johnson v. Mutual Life Assurance Co. of Canada and London Life Insurance Co., (1982) 57 N.B.R.(2d) 140 (CA)

• Judge: Ryan, Stratton and Angers, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 16, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 57 N.B.R.(2d) 140 (CA)

Johnson v. Mutual Life (1982), 57 N.B.R.(2d) 140 (CA);

         57 R.N.-B.(2e) 140; 148 A.P.R. 140

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Johnson v. Mutual Life Assurance Company of Canada; Johnson v. London Life Insurance Company

(No. 151/82/CA)

Indexed As: Johnson v. Mutual Life Assurance Co. of Canada and London Life Insurance Co.

Répertorié: Johnson v. Mutual Life Assurance Co. of Canada and London Life Insurance Co.

New Brunswick Court of Appeal

Ryan, Stratton and Angers, JJ.A.

November 17, 1982.

Summary:

Résumé:

The plaintiff widow brought actions against two insurance companies for double indemnity for accidental death under insurance policies on her husband's life. The insurers pleaded that the husband committed suicide in his garage by carbon monoxide poisoning. The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported in 39 N.B.R.(2d) 572; 103 A.P.R. 572, dismissed the actions and held that the insurers discharged the burden of proving that the husband committed suicide. The widow appealed.

The New Brunswick Court of Appeal affirmed that the husband committed suicide and accordingly dismissed the appeal.

Counsel:

Garry B. MacLean and William McNichol, for the appellant;

John P. Barry and Peter Flemming, for the respondent.

This appeal was heard before Ryan, Stratton and Angers, JJ.A., of the New Brunswick Court of Appeal on November 16, 1982. The decision of the Court of Appeal was delivered orally by Ryan, J.A., and filed on November 17, 1982.