Amour v Security National Insurance Company, 2025 ABKB 726 (“Amour”) is an important Alberta decision for those dealing with property damage claims under automobile policies. In Amour the Court held that a person is not automatically an “occupant” of a vehicle for the purpose of an exclusion clause. In this case, the Court confirmed that the intention of the occupant matters.
The Amour decision may limit an insurer’s ability to deny coverage where an insured is physically in a vehicle but did not intend to be in it under the circumstances that led to the loss.