Price v. Dom. of Can. Genl. Ins. Co.

Price v. Dom. of Can. Genl. Ins. Co.

The Court held that on true construction of the policy and s.5 the proximate cause of death was the bodily injury sustained as a result of the taking of insulin; that the bodily injury was occasioned by external agency and happened without the insured's direct intent within s.5, and therefore the appellant was entitled to recover under the policy despite the insured's diabetic condition co-acting.

Citation
[1941] SCR 509
Parties
Plaintiff/appellant/beneficiary: Alice Maud Price; Defendant/respondent: The Dominion of Canada General Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1941
Procedural Posture
Accident Insurance Claim Appeal From Supreme Court of New Brunswick, Appeal Division / Final Appeal to Supreme Court of Canada
Outcome
Appeal allowed; judgment of trial judge restored; judgment of Supreme Court of New Brunswick, Appeal Division reversed
Legal Topics
Proximate Cause, Definition of Accident, Accident Insurance Act S.5, Insulin Reaction, Beneficiary Claim
Source Language
English
Insurance Law Accident Insurance Statutory Interpretation Proximate Cause Definition of Accident Accident Insurance Act S.5 Insulin Reaction Beneficiary Claim

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Parties

Alice Maud Price

Plaintiff/appellant/beneficiary

The Dominion of Canada General Insurance Company

Defendant/respondent

Procedural Posture

Accident Insurance Claim Appeal From Supreme Court of New Brunswick, Appeal Division / Final Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether death fell within policy wording 'bodily injuries ... through external, violent and accidental means'
  2. 2 Whether s.5 of the New Brunswick Accident Insurance Act expands the event insured to include bodily injury occasioned by external agency happening without direct intent even where the external act was intentional
  3. 3 Whether the injection/taking of insulin was the proximate cause of death when the insured had a pre-existing diabetic condition that co-acted

Ratio Decidendi

The Court held that on true construction of the policy and s.5 the proximate cause of death was the bodily injury sustained as a result of the taking of insulin; that the bodily injury was occasioned by external agency and happened without the insured's direct intent within s.5, and therefore the appellant was entitled to recover under the policy despite the insured's diabetic condition co-acting.

Court Disposition

Appeal allowed; judgment of trial judge restored; judgment of Supreme Court of New Brunswick, Appeal Division reversed

Orders

  • Appeal allowed
  • Judgment of Richards J. restored