Renaud v. United Provinces Insurance Co.

Renaud v. United Provinces Insurance Co.

The Court concluded the van was of a category other than private cars, station‑wagons and buses and, because it carried more than three passengers at the time of the accident, the policy's exclusion applied; therefore the appeal was dismissed.

Citation
[1978] 1 SCR 818
Parties
Appellant (plaintiff in Warranty): Maurice Renaud; Respondent (defendant in Warranty): United Provinces Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 November 1977
Procedural Posture
Insurance Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for Quebec
Outcome
Appeal dismissed
Legal Topics
Policy Exclusion, Vehicle Categorization, Passenger Limits, Insurance Coverage Interpretation
Source Language
English
Insurance Policy Exclusion Vehicle Categorization Passenger Limits Insurance Coverage Interpretation

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Parties

Maurice Renaud

Appellant (plaintiff in Warranty)

United Provinces Insurance Company

Respondent (defendant in Warranty)

Procedural Posture

Insurance Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for Quebec

Legal Issues

  1. 1 Whether the van fell within the category excluded from coverage as a vehicle 'other than that of private cars, station‑wagons and buses'
  2. 2 Whether the presence of more than three passengers at the time of the accident triggered the policy exclusion and defeated coverage

Ratio Decidendi

The Court concluded the van was of a category other than private cars, station‑wagons and buses and, because it carried more than three passengers at the time of the accident, the policy's exclusion applied; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.