Kolmatychi v. Walker and Manitoba Public Insurance Corp., (1979) 18 A.R. 374 (QB)

• Judge: Kerans, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 24, 1979
• Citations: (1979), 18 A.R. 374 (QB)

Kolmatychi v. Walker (1979), 18 A.R. 374 (QB)

MLB headnote and full text

Kolmatychi v. Walker and Manitoba Public Insurance Corp. (third party)

Indexed As: Kolmatychi v. Walker and Manitoba Public Insurance Corp.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Kerans, J.

October 24, 1979.

Summary:

This headnote contains no summary.

Insurance - Topic 5084

Automobile insurance - Compulsory government schemes - Exclusions - Change of residence of insured - The defendant insured had a Manitoba driver's licence, which automatically gave him insurance - The insured moved from Manitoba to Alberta to find employment - Two months later the insured was in an accident in Alberta - The insured and his insurer both admitted his liability - The insured tried to recover from his insurer - The insurer denied liability on the ground that under Manitoba law and the policy the coverage automatically ceased, when the insured was required to register his vehicle in Alberta, which he did not do - The insurer argued that, when the insured moved to Alberta to find work, his residence changed from Manitoba to Alberta and under Alberta law all residents must register their vehicles in Alberta - The Alberta Court of Queen's Bench allowed the insured's claim against his insurer - The Court of Queen's Bench held that under Manitoba law and an undertaking by the insurer, the insurer was estopped from raising any defence which would not be available to it if the policy had been issued in Alberta - The Court of Queen's Bench held that the insurer could not use the defence of automatic revocation of coverage based on the insured's change of residence and failure to register his vehicle, because under Alberta law insurance coverage could only be terminated after notice to the insured.

Cases Noticed:

Pannenbecker v. Dominion of Canada General Insurance and Saskatchewan Government Insurance Office, [1979] 1 W.W.R. 636, dist. [para. 10].

Statutes Noticed:

Manitoba Public Insurance Corporation Act, S.M. 1970, c. 102, sect. 53 [para. 5]; sect. 31(4) [para. 9].

Motor Vehicle Administration Act, S.A. 1975, c. 68, sect. 34 [para. 6].

Alberta Insurance Act, R.S.A. 1970, c. 187, sect. 288, sect. 293 [para. 12].

Counsel:

P.H. Devonshire, for the defendant;

H.O. Moffet, for the third party.

This case was heard before KERANS, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton.

On October 24, 1979, KERANS, J., delivered the following judgment: