Price v. The Dominion of Canada General Ins. Co.

Price v. The Dominion of Canada General Ins. Co.

Section 5 of the New Brunswick Accident Insurance Act requires that the external force or agency be the proximate cause of the bodily injury; the jury's answers did not resolve whether the insulin taking was the proximate cause of death, therefore a new trial is required on that issue while findings on non-disclosure and the age clause stand for purposes of the new trial.

Citation
[1938] SCR 234
Parties
Plaintiff/appellant: Alice Maud Price; Defendant/respondent: The Dominion of Canada General Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 March 1938
Procedural Posture
Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division; Remitted for New Trial (limited)
Outcome
Appeal allowed in part; new trial ordered on causation issue only; incidental issues of non-disclosure and age resolved against defendant; costs of this appeal and the appeal to the New Brunswick Court of Appeal awarded against respondent; costs of abortive trial to abide event of new trial.
Legal Topics
Proximate Cause, Policy Construction, Non Disclosure, Age Exclusion Clause, Admissibility of Statements of Deceased
Source Language
English
Insurance Accident Law Evidence Proximate Cause Policy Construction Non Disclosure Age Exclusion Clause Admissibility of Statements of Deceased

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Parties

Alice Maud Price

Plaintiff/appellant

The Dominion of Canada General Insurance Company

Defendant/respondent

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division; Remitted for New Trial (limited)

Legal Issues

  1. 1 Whether the insured's death resulted from an accident within the meaning of the policy and s.5 of the Accident Insurance Act
  2. 2 Whether the taking of insulin on the occasion was the proximate cause of death
  3. 3 Construction and effect of s.5 of the R.S.N.B. 1927 c.85 on causation

Ratio Decidendi

Section 5 of the New Brunswick Accident Insurance Act requires that the external force or agency be the proximate cause of the bodily injury; the jury's answers did not resolve whether the insulin taking was the proximate cause of death, therefore a new trial is required on that issue while findings on non-disclosure and the age clause stand for purposes of the new trial.

Court Disposition

Appeal allowed in part; new trial ordered on causation issue only; incidental issues of non-disclosure and age resolved against defendant; costs of this appeal and the appeal to the New Brunswick Court of Appeal awarded against respondent; costs of abortive trial to abide event of new trial.

Orders

  • Appeal allowed in part
  • New trial ordered limited to whether insulin overdose was the proximate cause of death