It was supposed to be an innocuous outing. Jason Philion parked his SUV outside a restaurant in Beausejour, Manitoba, and walked his son across the street to a boxing class. However, about 15 minutes later, a restaurant employee came in to say a vehicle was burning outside — it was his.
The 2017 Chevrolet Traverse was a total write-off, and then came a second blow. Manitoba Public Insurance (MPI), the province’s Crown auto insurer, denied the claim and said the fire was deliberately set.
Jason and his wife Christine argue that a phone charger left plugged into a rear outlet is cause for the fire, and they’re now suing. But this case raises two concerns that may not be top of mind for most drivers: what to do when an insurer refuses to pay, and how much risk is sitting in a car’s power outlet?
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What is the Manitoba family alleging?
The Philions filed a statement of claim on Sept. 29 in Manitoba’s Court of King’s Bench, according to CBC News. They allege a charger bought at a Dollar Tree store “overheated, short-circuited, melted and/or ignited.”
MPI’s denial letter, as cited in the suit, pointed to burn patterns consistent with an accelerant, while a lab test found gasoline on both carpet and foam underlay in the SUV. This led the insurer to accuse the owners of making a “willfully false statement.”
The Philions deny this. Their suit also lists Dollar Tree, a distributor and the charger’s unidentified manufacturer. They’re seeking damages that include the vehicle, which originally cost roughly $43,000, alongside rental and towing costs. Furthermore, they’re asking the court to declare they didn’t commit fraud.
No statements of defence have been filed, and the allegations have yet to be tested in court.
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Why is a denied claim so hard to challenge?
Most drivers may assume that any disagreement with an insurer can be settled through a quick internal appeal, but that isn’t always the case.
MPI’s own guide to appeal options explains the limits inherent in the appraisal process, which lets each side hire an independent appraiser, usually for about $200 — but it covers only disputes over value or repairs on a covered loss. If MPI refuses a claim because it believes the policy terms were broken, appraisal isn’t available, which leaves the court as the last resort.
A loss as large as the Philions’ also exceeds the $15,000 limit MPI cites for Small Claims Court. The Manitoba Ombudsman can investigate complaints but can’t overturn MPI decisions.
Drivers with private insurers have a clearer ladder when disputing a denied claim. The Financial Consumer Agency of Canada, the federal regulator for financial consumer protection, advises using the insurer’s internal complaint process first and asking for a letter stating its final decision. From there, a person can seek an independent review or complain to a provincial insurance regulator if they’re unhappy with that decision.
Can a cheap charger really start a car fire?
Whether a charger caused this fire is for the court to decide. However, Health Canada has warned that chargers that don’t meet Canadian safety standards may pose shock, burn or fire hazards.
The agency recommends looking for a recognized certification mark, such as CSA, cUL or cETL, stating in its online shopping guidance that the mark must appear on the product itself, not just the packaging. It also warns that an unusually low price can be a sign of a counterfeit.
Health Canada doesn’t approve every product before it’s available for public purchase. In 2020, it recalled several USB chargers after testing found shock, burn and fire risks.
What to do now
You can’t control how an investigation plays out, but you can lower your risk of an uninsured loss and protect your paper trail:
- Unplug chargers and accessories when you leave the vehicle
- Buy chargers from sellers you trust, and check that a certification mark is printed on the device itself
- Check the Government of Canada’s Recalls and Safety Alerts site to see whether anything you own has been recalled
- Keep receipts and packaging for electronics you use in the car in case you need to prove a product was faulty
- After any vehicle fire, photograph everything and ask that the device remains be preserved
- If a claim is denied, get the decision and reasons in writing — remember to ask for a copy of your claim file.
- Escalate in this order if the outcome isn’t what you hoped for: adjuster, supervisor, complaints officer, then an outside body or court
- Speak to a lawyer early in the process if your insurer alleges fraud, since court may be the only way to challenge it
A denial that alleges wrongdoing isn’t just a money problem; it can also follow you when you shop for new coverage on a different vehicle. Knowing which dispute path applies, before you need it, is the best protection you have.
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Writer and editor based in Toronto with experience in personal finance, insurance, arts and culture and branded content.
