John A. Tamming

The insurer appealed a trial judgment finding that the insured suffered a 'loss of use' of his foot, entitling him to coverage under an accident insurance policy.

The insurer argued that the trial judge should have applied the American Medical Association Guidelines to interpret 'loss of use'.

The Court of Appeal dismissed the appeal, holding that the trial judge correctly interpreted the term in the context of the insurance contract rather than the Guidelines, which were not referenced in the policy.

The Court found no error in the conclusion that the insured lost total functional or practical use of his foot.