Madole v. State Farm Mutual Automobile Insurance Co. and Maddison (Gordon) Insurance, (1995) 173 A.R. 112 (ProvCt)

• Court: Provincial Court of Alberta (Canada)
• Case Date: July 20, 1995
• Citations: (1995), 173 A.R. 112 (ProvCt)

Madole v. State Farm (1995), 173 A.R. 112 (ProvCt)

MLB headnote and full text

Michael Madole, Richard Madole and Mika Madole (plaintiffs) v. State Farm Mutual Automobile Insurance Company and Gordon Maddison Insurance, Agent (defendants)

(Docket No. P9490104128)

Indexed As: Madole v. State Farm Mutual Automobile Insurance Co. and Maddison (Gordon) Insurance

Alberta Provincial Court

Scott, A.C.J.P.C.

July 20, 1995.

Summary:

By the time a stolen 1985 Camaro was recovered, it had sustained damages valued at $3,984.29. The owners claimed compen­sation from their insurer. The latter refused. The owners sued their insurer and their agent.

The Alberta Provincial Court dismissed the action.

Insurance - Topic 507

Agents - Liability - Duty to obtain cover­age requested - [See Insurance - Topic 1005 ].

Insurance - Topic 1005

The insurance contract - Policy or certifi­cate deemed in accordance with applica­tion - A certificate of automobile insur­ance indicated that certain insurance for which a premium was paid "and no other" was provided - Theft was not included - When theft occurred, the insurer refused to indemnify - The insured sued the insurer and the agent - The insured alleged that they had specifically requested coverage for theft and that the agent negligently failed to obtain it - The agent denied that such request was made - The Alberta Provincial Court accepted the agent's evi­dence, applied s. 297 of the Insurance Act (Alta.), declared that the insurance certifi­cate was deemed in accordance with the insured's application, stated that theft was not covered, held that the agent was not negligent and dismissed the action.

Cases Noticed:

Hornburg and Hornburg v. Toole, Peet & Co. et al., [1981] I.L.R. 21; 28 A.R. 546 (Q.B.), consd. [para. 16].

Eliot et al. v. Ron Dawson & Associates (1972) Ltd. et al., [1982] I.L.R. 1017 (B.C.S.C.), refd to. [para. 17].

Moody v. Cooperators General Insurance Co. (1985), 11 C.C.L.I. 285 (N.B.Q.B.), consd. [para. 19].

Statutes Noticed:

Insurance Act, R.S.A. 1980, c. I-5, sect. 297 [para. 13]; sect. 508(1) [para. 21].

Counsel:

C.K. McIver, for the plaintiffs;

D.E. Johns, for the defendants.

This action was heard by Scott, A.C.J.P.C., of the Alberta Provincial Court.

Scott, A.C.J.P.C., delivered the following decision on July 20, 1995.