"Dependent Relative" In An SEF 44 Policy Requires Proof Of Financial Dependence

Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J.

I. FACTS AND ISSUES

The plaintiffs Gurchet Singh Bilg ("Gurchet"), Harkamal Singh Rasode ("Harkamal") and Sukhsimrit Singh ("Suksimrit") were injured in a motor vehicle accident and commenced an action against the drivers/owners of the other vehicle. In the tort action the plaintiff Mandeep Bilg ("Mandeep"), who was Gurchet's wife, sued for loss of consortium. Harkamal was Gurchet and Mandeep's brother-in-law. Suksimrit was Harkamal's brother.

The plaintiffs also commenced an action against State Farm, which had issued a policy to Harkamal for the vehicle involved in the accident. The policy contained an SEF 44 Endorsement with limits of $1,000,000.00. That action was ultimately dismissed when it was determined that the Endorsement was not triggered, as the policy limit of the tortfeasor's policy was also $1,000,000.00.