Lutz and Lutz v. Wawanesa Mutual Insurance Co.,

• Jurisdiction: Nova Scotia
• Judge: Jones, J.
• Citation: (1977), 26 N.S.R.(2d) 268 (TD)
• Court: Supreme Court of Nova Scotia (Canada)
• Date: 28 June 1977

Lutz v. Wawanesa Mutual (1977), 26 N.S.R.(2d) 268 (TD);

    40 A.P.R. 268

MLB headnote and full text

Lutz and Lutz v. Wawanesa Mutual Insurance Company

Indexed As: Lutz and Lutz v. Wawanesa Mutual Insurance Co.

Nova Scotia Supreme Court

Trial Division

Jones, J.

June 28, 1977.

Summary:

This headnote contains no summary.

Insurance - Topic 3572

Accident and sickness insurance - The contract - Interpretation of terms - Respecting age - An accident benefit provision in an automobile insurance policy provided no coverage for a person "over 18 years of age" - The Nova Scotia Supreme Court, Trial Division, held that a person was over 18 years of age when he passed his 18th birthday.

Cases Noticed:

Lloyds Bank Ltd. v. Eagle Star Insurance Co. Ltd., [1951] 1 All E.R. 914, appld. [para. 5].

Bay Trust Co. v. Agricultural Life Insurance Co. (1937), 271 N.L. 749, appld. [para. 6].

Reynolds v. New Zealand Insurance Co. Ltd. (1961), 28 D.L.R.(2d) 374, appld. [para. 9].

Counsel:

W. Bruce Gillis, for the plaintiffs;

John M. Davison, Q.C., for the defendant.

This case was heard on June 13, 1977, at Halifax, Nova Scotia, before JONES, J., of the Nova Scotia Supreme Court, Trial Division.

On June 28, 1977, JONES, J., delivered the following judgment: