Insurance company must pay damages in N.W.T. case
Judge says company waited too long before challenging payout in suspected murder-suicide attempt.
A judge in Yellowknife says an insurance company must pay damages stemming from a tragic highway crash on the Ingraham Trail nearly eight years ago.
In June 2004 Calvin Glen Alexander put his two young daughters in his car and then intentionally drove it into an oncoming dump truck driven by Duane Osmond. Alexander died in the fiery crash, but his seven and nine-year-old girls and Osmond survived.
Initially, The Personal Insurance Company took no issue with their claims for damages and injury, but five years later it began arguing it should not have to pay out any money. The company said it had just learned of Alexander's intent to murder his children.
But Northwest Territories Supreme Court Justice Virginia Schuler ruled it's too late for that argument.
In a written decision, she said the company knew all along that Alexander had called his estranged wife and told her what he was going to do, and that witnesses saw him deliberately drive head-on into the truck. Schuler ruled the company must pay up to the full amount of his third party liability policy – $1 million – plus court costs.