Mark McLean had a million dollar life insurance policy under Canadian Premier Life Insurance Company, through Sears Canada Inc. When he was killed in a Vancouver Island plane crash three years ago, it seemed an open and shut case that his widow would get an accidental death benefit of $1 million under the 2007 policy. McLean was one of four Seaspan employees on an amphibious Grumman Goose flight from Port Hardy to Chamiss Bay.
But the policy was only valid for the fare-paying passenger of common carrier. The charter restricted to employees or contractors of Seaspan does not qualify as a common carrier. The The Honourable Mr. Justice Bracken found that “In this case, the aircraft was not operating as a regularly scheduled airline and was instead under a charter restricted to employees or contractors of Seaspan. It was a flight where Seaspan determined who the passengers were, the time of the flight and its destination. Thus, it did not fit within the definition of “common carrier” under the accidental death benefit rider.”
The widow was denied the accidental death benefit of $1,000,000 under the policy.
In George’s Point of View
Unfortunately, a judge must base his opinion on the wording of the policy.
The Judge had no choice. The policy excluded a non fare paying trip. Everyone should take advice from Insurance 101 and get out the magnifying glass. Read the fine print. It is still valid advice.
Insurance Companies salivate when they win a case like this. The agents who sell these policies, even they don’t know what they are selling and if they do, fail to explain all the fine print that will be included in the policy if the proposed insured buys a policy, or fail to use a combination of Life Insurance and Accidental Death Insurance that combine to cover all eventualities.
No doubt when Mark McLean got on that plane, he was confident of his coverage. I believe that as Seaspan regularly chartered that flight exclusively for their employees, either they should have provided insurance coverage, or made certain that the employees are otherwise covered. Perhaps they too needed to take a magnifying glass to their policies as well.
Stupid, almost a scam, my opinion, misleading, overall.
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China’s military said it shadowed a plane that flew Wednesday over the Taiwan Strait, adding it will “resolutely defend national sovereignty and security.”
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A twin-engine Piper PA-30 Twin Comanche (registered F-BPIR) carrying three individuals crash-landed in Villejuif, France, an unusual incident as described
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Arguments over seat space are more common than you think. It’s a sore topic for many internet users who cannot believe how entitled some fellow passengers behave.
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A U.S. Navy patrol aircraft flew through the sensitive Taiwan Strait on Wednesday, the U.S. military said, describing the mission as a demonstration of the country’s commitment to a free and open Indo-Pacific.
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The U.S. 7th Fleet Public Affairs has confirmed the passage of a U.S. Navy P-8A Poseidon through the Taiwan Strait on December 6, adhering to international airspace protocols. This strategic transit, executed in accordance with international law, signifies the United States’ staunch support for the navigational rights and freedoms of all nations. It underscores the
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Air New Zealand said Wednesday it aims to become the first airline to fly an electric plane after announcing plans to have a battery-powered aircraft join its fleet in 2026.
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Trevor Jacob was sentenced to six months in prison for obstructing investigators after jumping out of a plane in a crash that he staged for a YouTube video.
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![Airplane crash lands in Subang [WATCH] | New Straits Times](https://airflightdisaster.com/wp-content/uploads/2023/12/subang-161023p11_NSTfield_image_socialmedia.var_1697439815-KL1KWm-462x243.jpeg "Airplane crash lands in Subang [WATCH] | New Straits Times")
KUALA LUMPUR: A Royal Malaysian Air Force (RMAF) Beechcraft Super King Air B200T made an emergency landing at Sultan Abdul Aziz Shah Airport, Subang.
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CHICAGO — Two airplanes at Chicago’s O’Hare International Airport made contact while taxiing to their gates on Tuesday evening, city officials confirmed. According to the Chicago Depart…
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Two planes’ wingtips collided at Chicago O’Hare Airport on Tuesday, officials said. One of those aircrafts was also involved in an October collision on a taxiway.
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California Youtuber, Trevor Daniel Jacob, who staged a daring plane crash for a YouTube video, is sentenced to a federal prison for 6 months.
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The former Alaska Airlines pilot accused of trying to cut the engines of a Horizon Air flight has been indicted on 84 endangerment charges, but is no longer charged with attempted murder, authorities said Tuesday. The district attorney’s office in Oregon’s Multnomah County, home to Portland, announced the grand jury’s indictment. Joseph Emerson is scheduled to be arraigned Thursday on 83 charges of recklessly endangering another person — for each person who was on the plane — and one charge of endangering an aircraft.
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Joseph David Emerson, the off-duty Alaska Airlines pilot who attempt to shut down the engines of a Horizon Air flight in October, has been indicted by a Multnomah County grand jury.
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A frequent flyer has caused furious outrage after she shared footage of a man taking ‘manspreading to a new level.’ It was shared on TikTok by Claire Zhu, who was shocked.
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American and Japanese search teams have found five bodies in the wreckage of a US military aircraft that crashed near Yakushima island last week.
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YouTube skydiver Trevor Jacob sentenced to federal prison for obstruction, other offenses…
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There’s an idiotic stunt, then there’s obstructing a federal investigation
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A plane full of terrified passengers had to make an emergency landing after one of the engine’s turbine blades broke, causing it to shake so violently that passengers thought they were going to die. The incident unfolded during a China Eastern Airlines flight from Shanghai to Hong Kong on December 3. Phone footage filmed by frightened passengers shows the seats inside the Airbus A330 aircraft shaking as if they were experiencing severe turbulence. Some passengers who appeared to be having a meal could barely hold onto their food as the plane violently vibrated. Shocked flier Ms Yuan Yuan, who was in business class, said that the flight took off on time that day, and the business-class cabin she was in was almost full. During the flight, the flight attendants began to distribute breakfast. She told local media: ‘I hadn’t finished my breakfast. At around 10 o’clock, I heard a loud noise on the left side. ‘Then the fuselage began to shake violently, as if a tractor was starting, accompanied by a strong burning smell. ‘Our coffees and teas were shaking and overflowing.’ The witness recalled that she was sitting in the middle of the cabin on the right side and heard a passenger on the left side by the window shout: ‘The engine is broken.’ After that, the flight crew announced that the aircraft had a malfunction, followed by another announcement stating that the plane would make an emergency landing in Xiamen. Ms Yuan Yuan added: ‘At that time, everyone had fastened their seat belts, and it felt like our breath was held. ‘The intense shaking lasted for about 10 minutes, from the moment of the malfunction to the plane landing, approximately lasting for 20 minutes. ‘The last 10 minutes of shaking were not as pronounced.’ Yuan recalled that all the passengers applauded and praised the pilot when the plane landed. The airline later said in a statement: ‘Today, during the flight from Shanghai Hongqiao Airport to Hong Kong, a malfunction message appeared. ‘To ensure flight safety, the crew followed procedures, performed an emergency landing in Xiamen for further inspection, and the flight safely landed at 09:59. ‘The company is actively ensuring passenger service and will arrange for passengers to continue their journey as soon as possible. ‘We deeply apologise for any inconvenience caused to the passengers on this flight.’ The airline reportedly organised for the passengers to board another flight taking them to their original destination at around 3:30 pm that same day.The cause for the sudden failure is under investigation.
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All officers escaped serious injury, but it was unclear what happened to the suspect who was inside when it was leveled by the explosion Monday night, Arlington County, Virginia, police spokesperson Ashley Savage said.
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