Levesque and Levesque v. Atlantic Rentals Ltd. and Smith and Co-Operative Fire and Casualty Co., (1978) 23 N.B.R.(2d) 711 (QB)
| Judge | Richard, J. |
| Court | Court of Queen's Bench of New Brunswick (Canada) |
| Case Date | October 25, 1978 |
| Jurisdiction | New Brunswick |
| Citations | (1978), 23 N.B.R.(2d) 711 (QB) |
Levesque v. Atlantic Rentals Ltd. (1978), 23 N.B.R.(2d) 711 (QB);
23 R.N.-B.(2e) 711; 44 A.P.R. 711
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Levesque and Levesque v. Atlantic Rentals Limited and Smith and Co-Operative Fire and Casualty Company Limited (third party)
Indexed As: Levesque and Levesque v. Atlantic Rentals Ltd. and Smith and Co-Operative Fire and Casualty Co.
Répertorié: Levesque and Levesque v. Atlantic Rentals Ltd. and Smith and Co-Operative Fire and Casualty Co.
New Brunswick Court of Queen's Bench
Richard, J.
October 25, 1978.
Summary:
Résumé:
This headnote contains no summary.
Insurance - Topic 4008
Automobile insurance - Risk - Liability policy - Trailer - Defined - The defendant insured rented a compressor, which was mounted on wheels and built to be hitched to another vehicle and towed - the defendant towed the compressor with his truck, the insurance on which covered trailers - The compressor came loose and caused damage - The defendant's insurer refused to indemnify the defendant under his policy, because the compressor was not a trailer and was not covered - The New Brunswick Court of Queen's Bench, held that the compressor was not a trailer and that the insured was not covered for damage caused by the trailer.
Cases Noticed:
Maki v. Corcoran, [1953] O.W.N. 843, consd. [para. 21].
R. v. Vulcan Asphalt & Supply Co. (1964), 42 C.R. 365, consd. [para. 21].
Thompson v. Sharpe et al., [1977] C.I.L.R. 3070, consd. [para. 21].
Statutes Noticed:
Insurance Act, R.S.N.B. 1973, c. I-12, sect. 1 [para. 4]; sect. 232(1) [para. 3].
Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 1 [para. 5].
Counsel:
Peter J. Dykeman, for the defendant;
Richard J. Tingley, for the third party.
This case was heard at Campbellton, N. B., before RICHARD, J., of the New Brunswick Supreme Court, Queen's Bench Division.
On October 25, 1978, RICHARD, J., delivered the following judgment:
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Royal Insurance Co. v. Wawanesa Mutual Insurance Co., [2004] O.T.C. 611 (SC)
...A.P.R. 207, refd to. [Appendix A]. Levesque and Levesque v. Atlantic Rentals Ltd. and Smith and Co-Operative Fire and Casualty Co. (1978), 23 N.B.R.(2d) 711; 44 A.P.R. 711 (Q.B.), refd to. [Appendix Liberty Mutual Insurance Co. v. Commerce Insurance Co., [2001] O.T.C. 978 (Sup. Ct.), refd t......
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Levesque and Levesque v. Smith and Co-Operative Fire and Casualty Co., (1979) 25 N.B.R.(2d) 560 (CA)
...question whether the compressor was a trailer was referred to the New Brunswick Court of Queen's Bench, which in a judgment reported 23 N.B.R.(2d) 711; 44 A.P.R. 711, held that the compressor was not a trailer and dismissed the claim against the insurer. The truck driver The New Brunswick C......
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Royal Insurance Co. v. Wawanesa Mutual Insurance Co., [2004] O.T.C. 611 (SC)
...A.P.R. 207, refd to. [Appendix A]. Levesque and Levesque v. Atlantic Rentals Ltd. and Smith and Co-Operative Fire and Casualty Co. (1978), 23 N.B.R.(2d) 711; 44 A.P.R. 711 (Q.B.), refd to. [Appendix Liberty Mutual Insurance Co. v. Commerce Insurance Co., [2001] O.T.C. 978 (Sup. Ct.), refd t......
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Levesque and Levesque v. Smith and Co-Operative Fire and Casualty Co., (1979) 25 N.B.R.(2d) 560 (CA)
...question whether the compressor was a trailer was referred to the New Brunswick Court of Queen's Bench, which in a judgment reported 23 N.B.R.(2d) 711; 44 A.P.R. 711, held that the compressor was not a trailer and dismissed the claim against the insurer. The truck driver The New Brunswick C......