White v. Murphy and Singleton et al., (1983) 46 Nfld. & P.E.I.R. 13 (NFDC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 01, 1983
• Jurisdiction: Newfoundland and Labrador
• Citations: (1983), 46 Nfld. & P.E.I.R. 13 (NFDC)

White v. Murphy (1983), 46 Nfld. & P.E.I.R. 13 (NFDC);

    135 A.P.R. 13

MLB headnote and full text

White v. Murphy and Singleton and Casualty Company of Canada (Third Party)

Pittman v. Murphy, Singleton and Singleton and Casualty Company of Canada (Third Party)

Singleton v. Murphy and Singleton and Casualty Company of Canada (Intended Third Party)

Indexed As: White v. Murphy and Singleton et al.

Newfoundland District Court

Judicial Centre of St. John's

Riche, D.C.J.

November 1983.

Summary:

In a negligence action for damages arising out of a motor vehicle accident the third party insurer applied for a determination of whether it was required to respond to the plaintiffs' claims.

The Newfoundland District Court held that the defendant driver was not an insured of the third party insurer, which was accordingly not required to respond to the plaintiffs' claims.

Insurance - Topic 2285

Insurable interest - What constitutes - Personal property - Automobile - A 22 year old son, who was employed and lived with his parents, purchased a car with his own money - With permission of his father he called his father's insurance agent to insure the car under the father's policy - The son, who had the same first name as his father, did not tell the agent that he was the son and not the father - The agent, thinking that the call was from the father, added the car to the father's insurance policy - The Newfoundland District Court held that the car was not insured, because the father had no insurable interest in it.

Cases Noticed:

Spencer v. Continental Insurance Company, [1945] 4 D.L.R. 593, dist. [para. 11].

Somers and Somers v. Brow's Estate and Co-operative Fire and Casualty Company (1976), 17 N.S.R.(2d) 121; 19 A.P.R. 121, dist. [para. 12].

Statutes Noticed:

Automobile Insurance Act, R.S.N. 1970, c. 17, sect. 26 [para. 13].

Counsel:

John Sinnott, for the first defendant Murphy;

Kent Morris, for the third party;

Gillian Butler, for the plaintiff White;

Marie Henheffer, for the plaintiffs Pittman and Singleton.

This case was heard at St. John's, Newfoundland, before Riche, D.C.J., of the Newfoundland District Court, Judicial Centre of St. John's, who delivered the following judgment in November 1983: