Latta v. London Life Insurance Co., (1977) 4 A.R. 358 (TD)

• Judge: Moore, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 11, 1977
• Citations: (1977), 4 A.R. 358 (TD)

Latta v. London Life (1977), 4 A.R. 358 (TD)

MLB headnote and full text

Latta v. London Life Insurance Co.

Indexed As: Latta v. London Life Insurance Co.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Moore, J.

March 11, 1977.

Summary:

This headnote contains no summary.

Insurance - Topic 7226

Life insurance - Defences - Death of an insured caused by the wrongful act of a beneficiary - The plaintiff beneficiary was convicted of the murder of the insured person - The trial judge admitted into evidence a certificate of conviction of the beneficiary pursuant to s. 27.1 of the Alberta Evidence Act - The Alberta Supreme Court, Trial Division, dismissed the beneficiary's action against the defendant insurer - The Trial Division stated that it was "satisfied on the whole of the evidence" that the beneficiary murdered the insured person and that the beneficiary was precluded from benefiting from his crime.

Insurance - Topic 7347

Life insurance - Evidence and proof - Onus of proof respecting defences by the insurer - The Alberta Supreme Court, Trial Division, stated that where a claimant proves the issue of a life insurance policy and the death of the insured, then the onus is on the insurer to show why the insurance contract should not be honoured - See paragraph 75.

Cases Noticed:

Lundy v. Lundy (1895), 24 S.C.R. 650, folld. [para. 70].

Cleaver v. Mutual Reserve Fund Life Association, [1892] 1 Q.B. 147, folld. [para. 70].

Nordstrom v. Baumann, [1962] S.C.R. 147, folld. [para. 72].

Re Johnson, [1950] 2 D.L.R. 69, folld. [para. 72].

Jorgensen v. News Media (Auckland) Limited, [1969] N.Z.L.R. 961, folld. [para. 79].

Statutes Noticed:

Alberta Evidence Act, S.A. 1976, c. 57, sect. 27.1 [para. 6].

Counsel:

A. Webster MacDonald, for the plaintiff;

G.F. Dixon, for the defendant.

The judgment of the Trial Division of the Alberta Supreme Court was delivered by MOORE, J., at Calgary, Alberta on March 11, 1977.