Advance payments payable by a
Defendant’s auto insurer under the Fair Practices
Regulation are not payable by an underinsured driver,
nor are they payable by the Plaintiff’s own SEF 44
Endorsement or the Motor Vehicle Accident Claims fund.
Brooks
v Nand, 2019 ABQB 861, per Dunlop,
J.
Facts + Issues
The Plaintiff Brooks tried to stop
Bhamra from stealing Brooks’ car and, in so doing, pulled
Bhamra from his vehicle. While Brooks was doing that Brooks was hit
by a stolen vehicle operated by the Defendant Nand, suffering
injuries. Brooks sought indemnity from his own insurer under his
SEF 44 Endorsement. The Administrator of the Motor Vehicle Accident
Claims Fund defended Nand, who had been noted in default.
