Cassandra Kyle

The StarPhoenix

A Saskatoon widower has resorted to legal action in his attempt to receive accidental death benefits after his wife was killed in a work-related fatal collision almost two years ago.

Joe Lemire is suing Deloitte and Touche LLP and Chubb Insurance Company of Canada -- among others -- for $100,000, according to court documents, because the rented truck in which Cynthia (Cindy) Lemire was killed doesn't fit the company's definition of a rented automobile.

Cindy died near Kenaston on Nov. 22, 2005, while travelling from Saskatoon to Regina for a business meeting. According to the statement of claim, her co-worker with Deloitte and Touche picked up a white, 2006 four-wheel-drive Ford Ranger from a rental agency when a car wasn't available, and paid for it with his corporate credit card. The driver lost control of the vehicle during the trip, resulting in Cindy's death.

Lemire is suing for $100,000, a sum equal to the amount of the benefit denied to the Lemire family because of the insurance company's policy on rental vehicles.

"I wish that Deloitte had shown more compassion for the Lemire family and help us resolve this issue without having to go to court," Lemire wrote in an e-mail to The StarPhoenix from Quebec, where he is spending time with his family. "I intend to make this right for my children. I don't want them to grow up thinking that life is always unfair."

At the centre of the case is an argument over the wording of the definition of rented automobile. The Chubb insurance policy states a rented automobile is a private four-wheeled passenger motor vehicle designed for travel on public roads, but does not include trucks, pickup trucks or four-wheel drive vehicles when being used off normal paved or maintained road surfaces. Lemire argues the vehicle his wife was in was being used on normal paved road and so should be covered under the policy. The defendants, who deny all allegations in their statements of defence, say the truck does not fit the definition of a rented automobile.

Lemire said he found out the vehicle wasn't covered after Deloitte filed an accidental death claim on behalf of the Lemires and received notice from Chubb the Ford Ranger was classified as a truck, excluding it from the rented automobile policy. Lemire filed the lawsuit last November.

"It didn't make any sense to me that accidental death coverage benefit had been denied. How could that be? She died in a road accident," he wrote. "Cindy was a passenger in a pick-up truck, but it was also considered a four-wheel drive which should have provided more road stability. Our position against Chubb's Insurance is that the vehicle in question was not only a pick-up truck but a four-wheel drive vehicle, driven on normal road."

The Lemire family received just over $100,000 from Deloitte in a separate death benefit payment, along with other monies and benefits from the WCB, SGI and mortgage and life insurance coverage. Lemire says he's going after the accidental death benefit as a matter of principle, and hopes Cindy's former employer makes some internal changes.

"I would like to see Deloitte show some moral obligation and some responsibility for the rental of a pick-up truck. Then, I would like to see Deloitte take this matter in their own hands and go after their insurance carrier to collect their cost. Why should we, the Lemire family, have to fight for our rights?" he asked.

Representatives from both Deloitte and Chubb declined to comment on the case.

Suzanna de Baca, an expert in financial and investment management and president of Private Capital Solutions Group, said employees should be aware of what their work insurance covers as policies vary from business to business.

"In some places an accident might be more loosely defined, and in some instances it might be very, very narrow. I don't think I would go as far as to say that this woman's case is typical, these types of policies do vary incredibly widely," de Baca said from her home in Des Moines, Iowa. "It's difficult for an employee, because usually they may not be the person buying the policy, the company may be buying the policy."

It's important for all employees to know what is covered and what isn't, she said. Reviewing a policy after an accident shouldn't be the first time it's looked at.

"Even if they're in a white-collar, low-danger job, if it involves driving they should definitely look at exactly what types of vehicles and what circumstances are covered," said de Baca.

When it comes to the safety record of trucks and SUVs, Joseph Chan, research director with the Transportation Centre at the University of Saskatchewan, isn't convinced they're any better than passenger cars. Vehicles, such as trucks, that haul loads have a higher centre of gravity which can make them prone to rolling, he said, adding their height also makes them prone to tipping. Compared to cars, he added, trucks are less safe on the road.

"The higher the vehicle, they have a higher risk of being rolled, that's just plain physics," he said.

SGI has no statistics that show trucks are involved in more accidents then cars said spokesperson Shaun Humphries. Rental vehicles in the province have similar insurance coverage as personal vehicles, he said.

Lawyers representing Lemire and the defendants appeared in Saskatoon Court of Queen's Bench chambers earlier this week when Justice R. Shawn Smith allowed the defendants to amend their statement of defence due to a previous clerical error. The next step in the lawsuit is mandatory mediation this fall.