Field v Aviva Insurance Company, 2024 PESC 8.
Though it reads as a clarication of the operation of a statute,
the Supreme Court of Prince Edward Island's recent decision in
Field v Aviva Insurance Company carries with it the
potential to impact auto insurance throughout the province. Those
most directly aected are insurers and workers injured in the course
of employment when the accident involves a motor vehicle. The
outcome of this decision is unique to PEI.
The court held that the plainti, Mr. Field, was entitled to
Section B benets even though he was entitled to claim compensation
under the Workers Compensation Act ("WCA").
Synopsis
Mr. Field was injured in a motor vehicle accident that occurred
while Mr. Field was acting in the course of his employment. Mr.
Field's employer was insured by the Defendant, Aviva Insurance
Company, and at the time of the accident, Mr. Field was an insured
under that policy. The accident involved the use of a motor vehicle
and
