Nadeau v. Ins. Co., [1967] N.B. Law News No. 54 (QB)

JudgePichette, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateApril 04, 1967
JurisdictionNew Brunswick
Citations[1967] N.B. Law News No. 54 (QB)

Nadeau v. Ins. Co., [1967] N.B. Law News No. 54 (QB)

MLB Law News

Rita Nadeau, an infant by her next friend, Raymond Nadeau, and the said Raymond Nadeau and Adrienne Essiembre, an infant by her next friend, Mathieu Essiembre and the said Mathieu Essiembre (plaintiffs) v. The Insurance Corporation of Ireland Limited, a body corporate (defendant)

(678/65/C; Archives RS48/1966/678)

Indexed As: Nadeau et al. v. Insurance Co. of Ireland

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

April 6, 1967.


Insurance Act - Section 211 - Action by judgment creditors of insured dismissed against insurer pursuant to Section 211 of the Insurance Act for application of insurance moneys to satisfaction of Pllaintiff's judgment. Insured purchased extended coverage "to carry passengers for compensation or hire to and from their employment while and only while the insured himself is going to and from his employment". Judgment obtained against insured's daughter while she was carrying judgment creditors for compensation in the insured's motor vehicle. Court held that there was total non-compliance with the conditions of the endorsement and accordingly no relief for forfeiture could be granted pursuant to Section 107 of the Insurance Act. Court distinguished Travellers Indemnity v. Sumner Co. Ltd., 45 M.P.R. at 332.


J.Y. Arseneau, for the plaintiffs;

John N. Bugold, Q.C., for the defendant.

This case was heard on April 4, 1967, at Restigouche County Circuit Court, February Term 1967, before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who filed the following decision on April 6, 1967.

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