The appellant's truck became mired in soft ground and sustained severe mechanical damage to its rear differential gear during various attempts to extricate it using other vehicles.
The appellant's insurer denied coverage, and the Small Claims Court dismissed the appellant's action for indemnification.
On appeal, the Divisional Court found that the trial judge erred in law by interpreting Section 6 of the insurance policy as requiring an actual impact or accident with another motor vehicle.
The court held that the trial judge should have applied the Amos test to determine if the damage was caused by the use or operation of the other vehicles involved in the towing attempts.
The appeal was allowed and a new trial ordered.
