Insurer sued over refusal to pay claim in teen's death

Kim Thomas at roadside memorial for her son Brandon on Hwy. 22 just south of Cochrane. Darren...

Kim Thomas at roadside memorial for her son Brandon on Hwy. 22 just south of Cochrane. Darren Makowichuk/Calgary Sun/QMI AGENCY

Kevin Martin, QMI Agency

, Last Updated: 9:57 PM ET

CALGARY -- The grieving mother of a slain teen is suing the Alberta Motor Association, who she says refused to pay out a $5,000 loss-of-life benefit on her son because the boy had marijuana in his system when he was killed by a drunk driver.

The lawsuit, filed on behalf of Brandon Thomas's estate as well as his mother, Kim Thomas, says the amount was so low it would not have effected the deceased's driving.

"Such small amounts of THC in an individual's blood stream are not indicative of impairment or being 'under the influence' of cannabis," the statement of claim says.

The lawsuit says that on April 17, 2013, AMA denied the plaintiffs' claim for the benefit, alleging Brandon Thomas violated an exclusion within the policy against impaired driving.


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