Neil's Trailer & Equipment Ltd. v. Butler, Maveety & Meldrum Ltd. and Maryland Casualty Co., (1977) 5 A.R. 91 (TD)

• Judge: Moore, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 23, 1977
• Jurisdiction: Alberta
• Citations: (1977), 5 A.R. 91 (TD)

Neil's Trailer & Equipment Ltd. v. Butler (1977), 5 A.R. 91 (TD)

MLB headnote and full text

Neil's Trailer & Equipment Ltd. v. Butler, Maveety & Meldrum Limited and Maryland Casualty Company

Indexed As: Neil's Trailer & Equipment Ltd. v. Butler, Maveety & Meldrum Ltd. and Maryland Casualty Co.

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Moore, J.

February 23, 1977.

Summary:

This headnote contains no summary.

Insurance - Topic 6906

Liability insurance - Business comprehensive policy - Exclusions - Property in care, custody or control of insured - The plaintiff trailer repair firm took a van onto its premises to repair the undercarriage - The van was loaded with furniture, but was locked and the plaintiff had no access to it - A fire damaged the van and the contents during the course of repairs - The plaintiff's insurer refused to indemnify the plaintiff for damage to the furniture, because such loss was excluded under the plaintiff's standard comprehensive liability policy as property in the "care custody or control" of the plaintiff - The Alberta Supreme Court, Trial Division, held that the plaintiff did not have care, custody or control of the furniture, since it had no access to it and it was not connected with the work being done by the plaintiff - The Trial Division held that the insurer was liable to indemnify the plaintiff for the damage to the furniture.

Cases Noticed:

Indemnity Insurance Company of North America v. Excel Cleaning Service, [1954] S.C.R. 169; 2 D.L.R. 721, consd. [para. 12].

Interprovincial Pipe Line Company v. Seller's Oil Field Service Ltd., [1975] 5 W.W.R. 521, refd to. [para. 13].

Condenser Service & Engineering Co. v. American Mutual Liability Ins. Co. (1959), 155 A.(2d) 789, appld. [para. 14].

Arrigo's Fleet Service Inc. v. Aetna Life and Casualty Company, 221 N.W.(2d) 206, folld. [para. 15].

Donald P. Neville v. Continental Casualty Co., 267 N.Y.S.(2d) 397, folld. [para. 17].

Authors and Works Noticed:

Appleman, Insurance Law and Practice, vol. 7A, p. 27 [para. 14].

Counsel:

M.A. Binder, for the plaintiff;

G.A. Verville, for the defendant;

N. Foster, for Maryland Casualty Company.

N. FOSTER, for Maryland Casualty Company

This case was heard at Edmonton, Alberta, before MOORE, J., of the Alberta Supreme Court, Trial Division, Judicial District of Edmonton.

On February 23, 1977, MOORE, J., delivered the following judgment: