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ARTICLE · 10 MARCH 2020

Insured And Insurer: Cooperation Is A Two-Way Street

the recent decision, Moussi v. TD Home and Auto Insurance Company, 2019 ABQB 242, the Alberta Court of Queen's Bench (the "Court")

CanadaInsurance

In the recent decision, Moussi v. TD Home and Auto Insurance Company, 2019 ABQB 242, the Alberta Court of Queen's Bench (the "Court") heard an application brought on behalf of the Plaintiff, Mohamed Moussi ("Moussi"). Moussi sought the direction of the Court to determine whether the defendant, TD Home and Auto Insurance Company ("TD"), was entitled to require that Moussi submit to an independent dental examination pursuant to Section B of the SPF-1 Policy. This is an important decision for insurers as it serves to reinforce the degree of cooperation expected between an insured and its insurer.

1. The facts

This action arose as the result of a motor vehicle accident ("MVA") in which Moussi, who was nine at the time of the accident, was a passenger in a car that was struck by another vehicle that failed to stop at a stop sign.

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