How have courts interpreted the law in the context of a personal injury claim?

British Columbia, Canada


The following excerpt is from Louden v. Geggie, 1998 CanLII 6699 (BC SC):

The third party relies on Marcoux v. Halifax Fire Insurance Co. (1948) 1948 CanLII 41 (SCC), 4 DLR 143. The third party refers to the judgment of Mr. Justice Taschereau, who said this at pages 146/147: The policy of insurance is a contract between the parties. The respondent undertook to indemnify the appellant; but on a condition, that is, that it be given prompt notice of the accident. One readily understands the reason justifying this clause of the contract. It is for the purpose of permitting the insurance company to make an investigation immediately, to check the facts, to seek the names of witnesses who later on may not be discoverable, and thus not to be at the mercy of the claimant. This is a protection justly claimed in the contract, and of which the insured cannot deprive his insurer with impunity.

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