Wawanesa Mutual Insurance Co. v. Hewson, 2004 SKCA 112
| Judge | Vancise, Sherstobitoff and Lane, JJ.A. |
| Court | Court of Appeal (Saskatchewan) |
| Case Date | May 20, 2004 |
| Jurisdiction | Saskatchewan |
| Citations | 2004 SKCA 112;(2004), 254 Sask.R. 203 (CA) |
Wawanesa Mutual v. Hewson (2004), 254 Sask.R. 203 (CA);
336 W.A.C. 203
MLB headnote and full text
Temp. Cite: [2004] Sask.R. TBEd. SE.011
The Wawanesa Mutual Insurance Company (plaintiff/appellant) v. Larry Hewson and Jean Hewson (defendants/respondents) and Dayton Hewson (applicant)
(No. 725; 2004 SKCA 112)
Indexed As: Wawanesa Mutual Insurance Co. v. Hewson
Saskatchewan Court of Appeal
Vancise, Sherstobitoff and Lane, JJ.A.
August 20, 2004.
Summary:
A father owned a farm. His son was injured when a hay bale fell on him. The son sued his father. The father's insurer brought an action to determine whether it was bound to indemnify the father with respect to any liability by the father.
The Saskatchewan Court of Queen's Bench, in a decision reported at 231 Sask.R. 83, dismissed the insurer's action, holding that the insurer was required to indemnify the father with respect to his son's claim and to defend the action which had been brought. The insurer appealed.
The Saskatchewan Court of Appeal dismissed the appeal.
Insurance - Topic 6823
Liability insurance - Homeowner's comprehensive policy - Exclusions - Residing in same household - A 17 year old was injured while moving hay on his father's farm - The son sued his father - An exclusion clause in the father's insurance policy stated that "You are not insured for claims made or actions brought against you for: ... (3) bodily injury to you or to any person residing in your household other than an employee ..." - The trial judge held that the policy did not preclude an insured from bringing a claim against another insured (coverage was joint, not several); the exclusion clause did not apply to an insured or a resident of an insured's household if that person was an employee of an insured; the exclusion clause did not apply here because the son, at the relevant time, was an employee of the insured, his father; and the insurer was required to indemnify the father with respect to his son's claim and to defend the action which had been brought - The Saskatchewan Court of Appeal dismissed the insurer's appeal.
Words and Phrases
You - The Saskatchewan Court of Appeal discussed the meaning of this word as found in an exclusion clause in a liability insurance policy - See paragraphs 15 to 23.
Cases Noticed:
Wigmore v. Canadian Surety Co. et al., [1996] 9 W.W.R. 406; 144 Sask.R. 285; 124 W.A.C. 285 (C.A.), refd to. [para. 6].
Scott v. Wawanesa Mutual Insurance Co., [1989] 1 S.C.R. 1445; 94 N.R. 261, refd to. [para. 6].
Appel et al. v. Dominion of Canada General Insurance Co., [1998] 1 W.W.R. 592; 95 B.C.A.C. 122; 154 W.A.C. 122 (C.A.), refd to. [para. 9].
Whirlpool Corp. v. Ziebert (1995), 539 N.W.2d 883 (Wis. S.C.), refd to. [para. 9].
Consolidated-Bathurst Export Ltd. v. Mutual Boiler and Machinery Insurance Co., [1980] 1 S.C.R. 888; 32 N.R. 488, refd to. [para. 10].
Reid Crowther & Partners Ltd. v. Simcoe & Erie General Insurance Co., [1993] 1 S.C.R. 252; 147 N.R. 44; 83 Man.R.(2d) 81; 36 W.A.C. 81, refd to. [para. 11].
Nichols v. American Home Assurance Co. et al., [1990] 1 S.C.R. 801; 107 N.R. 321; 39 O.A.C. 63, refd to. [para. 14].
Guardian Insurance Co. of Canada v. Royal Insurance Co. of Canada, [1996] 7 W.W.R. 612 (Sask. C.A.), refd to. [para. 14].
Cleworth v. Zackariuk (1987), 34 D.L.R.(4th) 722 (B.C.C.A.), refd to. [para. 16].
T.W.-V. v. K.R.J.W. et al. (1996), 5 O.T.C. 306; 29 O.R.(3d) 277 (Gen. Div.), refd to. [para. 16].
Sheppard v. Co-operators General Insurance Co. (1997), 99 O.A.C. 390; 33 O.R.(3d) 362 (C.A.), refd to. [para. 20].
Fitzgerald v. Co-operators Insurance Co. (2003), 214 N.S.R.(2d) 358; 671 A.P.R. 358; 50 C.C.L.I.(3d) 307 (S.C.), refd to. [para. 22].
Authors and Works Noticed:
Hilliker, Gordon, Liability Insurance Law in Canada (3rd Ed. 2001), pp. 30 [para. 12]; 254 to 257 [para. 9].
Counsel:
Daryl J. Rosin, for the appellant;
Stewart J. Demmans, for the respondent;
Robert Kennedy, Q.C., for the applicant/intervenor.
This appeal was heard on May 20, 2004, by Vancise, Sherstobitoff and Lane, JJ.A., of the Saskatchewan Court of Appeal. Sherstobitoff, J.A., delivered the following decision for the court on August 20, 2004.
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...E, but she did not perform the services for E. As noted by the court in Wawanesa Mutual Insurance Co. v. Hewson, 2003 SKQB 116, aff'd 2004 SKCA 112, doing routine chores for the benefit of the household, as B did, was not enough to be considered an "employee". The duties must extend beyond ......
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Traders General Insurance Company v. Gibson, 2019 ONCA 985
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