Johnson Van & Storage Ltd. v. Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd.; Knowlton v. Johnson Van & Storage Ltd. and Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd. and Imperial Insurance Services (Bathurst) Ltd. and Davies, (1982) 40 N.B.R.(2d) 421 (TD)

• Judge: Jean, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 27, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 40 N.B.R.(2d) 421 (TD)

Johnson Van v. Guardian Ins. Co. (1982), 40 N.B.R.(2d) 421 (TD);

    40 R.N.-B.(2e) 421; 105 A.P.R. 421

MLB headnote and full text

Sommaire et texte intégral

Johnson Van & Storage Ltd. v. Guardian Insurance Company of Canada and Imperial Insurance Services Ltd.; Knowlton v. Johnson Van & Storage Ltd. (defendant) and Guardian Insurance Company of Canada and Imperial Insurance Services Ltd. (third parties) and Imperial Insurance Services (Bathurst) Ltd. and Davies (fourth parties)

(B/C/40/80)

Indexed As: Johnson Van & Storage Ltd. v. Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd.; Knowlton v. Johnson Van & Storage Ltd. and Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd. and Imperial Insurance Services (Bathurst) Ltd. and Davies

Répertorié: Johnson Van & Storage Ltd. v. Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd.; Knowlton v. Johnson Van & Storage Ltd. and Guardian Insurance Co. of Canada and Imperial Insurance Services Ltd. and Imperial Insurance Services (Bathurst) Ltd. and Davies

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Jean, J.

July 27, 1982.

Summary:

Résumé:

The owner-driver of a tractor entered a brokerage contract with a trucking company under which the tractor was registered in the name of the company so that it could be insured under the company's fleet insurance. After an accident the insurer denied liability on the ground that the company had no insurable interest in the tractor. The company brought an action against the insurer for the proceeds against its insurance agent in negligence. The tractor owner brought an action against the company. The only issue was the insurable interest of the company.

The New Brunswick Court of Queen's Bench, Trial Division, held that the insurer was liable, because the company had an insurable interest in the tractor.

Insurance - Topic 2285

Insurable interest - What constitutes - Personal property - Tractor - The owner-driver of a tractor entered a brokerage agreement with a trucking company under which the tractor was registered in the name of the company so that it could be insured under the company's fleet insurance - The New Brunswick Court of Queen's Bench, Trial Division, held that the company had an insurable interest in the tractor.

Cases Noticed:

MacLure v. General Accident Ins. Co. of Canada, [1925] 3 D.L.R. 133, refd to. [para. 46].

Inglis v. Stock (1884), 12 Q.B.D. 564, appld. [para. 50].

Barcha v. Atlas Ins. Co., [1924] 2 D.L.R. 836, appld. [para. 51].

Cunningham v. Security Mutual (1980), 28 N.B.R.(2d) 413; 63 A.P.R. 413, appld. [para. 52].

Novak v. Co-operative Fire and Casualty Company (1982), 36 N.B.R.(2d) 569; 94 A.P.R. 569, appld. [para. 53].

Long v. Commercial Union Assurance Co. of Canada et al., 121 D.L.R.(3d) 623, appld. [para. 54].

Counsel:

Thomas W. Riordon, for Johnson Van & Storage;

James Marriner, for Cyril Knowlton;

David Russell, for Guardian Insurance Company of Canada;

Robert McPherson, for Imperial Services Ltd.;

Leo Doiron, for Imperial Insurance Services (Bathurst) Ltd. and Keaton Davies.

This case was heard at Bathurst, N.B., before JEAN, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following judgment on July 27, 1982: