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ARTICLE · 18 DECEMBER 2017

Case Summary: Economical Mutual Insurance Company v Gill

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Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent's homeowner's policy was held to exclude coverage for the parent.

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I. INSURANCE ISSUES

B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent's homeowner's policy was held to exclude coverage for the parent.

Economical Mutual Insurance Company v Gill, 2017 BCCA 351, per Frankel, J. [4250]

I. FACTS AND ISSUES

Gill took his son to a mall in Burnaby, British Columbia. It is alleged that while at the mall, Gill's infant son sustained serious injuries by falling nearly 25 feet from an opening by an escalator.

Gill began proceedings against the owner of the mall as the litigation representative for his son. The Public Guardian and Trustee replaced Gill as the litigation guardian. Further defendants were added and each defendant issued a third party notice against Gill for contribution and indemnity on the basis he was negligent in supervising his son.

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