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ARTICLE · 22 NOVEMBER 2024

From Funk To Fairness: Alberta's New Take On SEF 44 Endorsements

CLC (Canadian Litigation Counsel)
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The Alberta Court of King's Bench has delivered a decision that could significantly influence the interpretation of SEF 44 endorsements, which provide policyholders with tort-like compensation for injuries...

CanadaInsurance
Amrit Kalra (Brownlee LLP)
Amrit Kalra (Brownlee LLP)
Hassan Khan (Brownlee LLP)
Hassan Khan (Brownlee LLP)

The Alberta Court of King's Bench has delivered a decision that could significantly influence the interpretation of SEF 44 endorsements, which provide policyholders with tort-like compensation for injuries caused by underinsured or unidentified drivers. In Welyk v. Intact Insurance Company, 2024 ABKB 663, the Court addressed the question of whether strict policy terms should yield to fairness under evolving legislative frameworks.

SEF 44 endorsements are designed to protect insured individuals when the at-fault driver is underinsured or unidentified, extending coverage under the insured's own policy. This endorsement can be vital in scenarios where damages exceed the limits of other compensation sources, such as the Motor Vehicle Accident Claims fund.

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