A class action lawsuit that is headed to a Newfoundland appeals court over that province’s liability in moose-vehicle collisions is a problem brokers have been dealing with for decades.
“The moose population in Newfoundland & Labrador is equal to the number of people that live in our province,” said C.J. Nolan, vice president of sales and business development at MUNN Insurance in St. John’s, NL. “It is a concern and one which we consider every time we drive across the highways of our province.”
A lawyer representing 135 plaintiffs is moving ahead with an appeal of Newfoundland Supreme Court decision that dismissed a class-action lawsuit over moose-vehicle crashes.
According to Canadian Press, Ches Crosbie will appear before a three-member panel of Appeal Court judges in the new year to see if the case differently and overturn the lower court's ruling.
Although Crosbie may be optimistic, Nolan is doubtful that anything will change.
“The moose accident reports have been going on for years,” he told Insurance Business.
Supreme Court of Newfoundland and Labrador Judge Robert Stack ruled in September the province is not liable for the collisions and took reasonable precautions.
There have been at least 15 estates of those killed in collisions since 2001 among the 135 plaintiffs, and they are seeking several million dollars in total compensation.
The appeal hearing – set for January 21 – is open to the public and is expected to last one day.
