McGinn et al. v. Insurance Corp. of Ireland, (1990) 112 A.R. 149 (CA)

• Judge: Kerans, Stratton and Irving, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 28, 1990
• Citations: (1990), 112 A.R. 149 (CA)

McGinn v. Ins. Corp. of Ireland (1990), 112 A.R. 149 (CA)

MLB headnote and full text

Allan Lyle McGinn, Dennis George McGurk, Billy Robert Hutchinson, Anita Marie Baird, Sandra Marie Baird and Parkland Operations Ltd. On Behalf Of Themselves And Against Lyle Jonzon and A All-Pave Parking Lot Services Ltd. (appellants) v. The Insurance Corporation Of Ireland (respondent)

(No. 8903-0595 AC)

Indexed As: McGinn et al. v. Insurance Corp. of Ireland

Alberta Court of Appeal

Kerans, Stratton and Irving, JJ.A.

September 28, 1990.

Summary:

McGinn obtained a judgment for $439,396 for damages arising out of a motor vehicle accident. The judgment debtor was insured for $1,000,000 third party liability coverage but the insurer refused to pay any amount over the statutory minimum of $100,000 on the grounds of misrepresentation by the judgment debtor. McGinn sued the insurer.

The trial judge dismissed McGinn's claim except for the $100,000 minimum. The decision of the trial judge is not reported in this series of reports. McGinn appealed.

The Alberta Court of Appeal dismissed the appeal.

Insurance - Topic 2490

Applicant's duty of disclosure - Default in duty to disclose - Misrepresentation, what constitutes - An application for automobile insurance asked whether an insurer had "declined or refused to renew" coverage to the applicant in the last three years (see paragraph 2) - The applicant answered "no" notwithstanding that the applicant's previous insurer refused to renew a policy (see paragraph 5) - The Alberta Court of Appeal affirmed that the applicant misrepresented by answering "no" which justified the insurer's refusal to pay any amount over the statutory minimum.

Words and Phrases

Decline - The Alberta Court of Appeal discussed the meaning of the word "decline" for purposes of an application for insurance coverage (see paragraph 16).

Cases Noticed:

Smith v. Co-operative Fire and Casualty Company (1977), 5 A.R. 116, dist. [para. 7].

Chenier et al. v. Madill et al. (1977), 43 D.L.R.(3d) 28, refd to. [para. 7].

Holts Motors Ltd. v. South East Lancashire Insurance Company Ltd. (1930), 37 Lloyds List Law Reports 1 (C.A.), refd to. [para. 13].

Statutes Noticed:

Insurance Act, R.S.A. 1980, c. I-5, sect. 298(1) [para. 4].

Authors and Works Noticed:

MacGillivray and Parkington on Insurance Law (8th Ed.), p. 240 [para. 14].

Odgers, Construction of Deeds and Statutes (5th Ed.), p. 76 [para. 11].

Oxford English Dictionary (2nd Ed.), vol. IV, p. 340 [para. 16].

Counsel:

E.H. Molstad and D.S. Dean, for McGinn et al. (appellants);

B.K. Rattan and P.J. Faulds, for the Insurance Corporation of Ireland (respondent).

This appeal was heard by Kerans, Stratton and Irving, JJ.A., of the Alberta Court of Appeal. The decision of the court was delivered at Edmonton, Alberta, on September 28, 1990.