Plaintiff
Defendant
Facts: William Frank Ralph and Nadine Dawne Cabak Ralph (plaintiffs) claimed against The Manitoba Public Insurance Corporation (defendant) for the total loss of a 2009 Dodge Ram Truck damaged in a tornado. The truck was under a dealers' number plate, which the defendant argued was not in compliance with applicable legislation, hence denying coverage.
Issue: The main issue was whether the dealers' number plate was properly affixed to the truck such that the loss should have been covered by the insurance.
Court's Ruling: The Court of King's Bench of Manitoba ruled that the plate was properly affixed to the truck under section 64(2)(b) of The Drivers and Vehicles Act, as it was being used in the promotion of sales by the dealer (Mr. Ralph), and therefore, the loss should have been covered by the defendant.
Amount of Costs/Damages Awarded: Ms. Ralph, as the truck's owner, was entitled to the truck's actual cash value determined to be $25,000, less a $200 deductible and a $450 salvage amount recovered, totaling an award of $24,350. The court made no order regarding the claim for additional compensation for costs and expenses or the sought costs and disbursements.
Court
Court of King's Bench ManitobaCase Number
CI 18-01-17977Practice Area
Insurance lawAmount
$ 24,350Winner
PlaintiffTrial Start Date