Century Indemnity Co. v. Rogers

Century Indemnity Co. v. Rogers

The insurance policy's clause that recovery is available when liability is finally determined by judgment converted the insured's claim into a definite indebtedness upon the judgment; the insurer, being licensed and carrying on business with assets and a head office in Ontario, was a "person within Ontario" and thus the debt was attachable under Rule 590, so the garnishee was liable for the insured's indemnity up to the policy limits (adjusted to $5,829).

Citation
[1932] SCR 529
Parties
Appellant (defendant Garnishee): Century Indemnity Company; Respondent (plaintiff): W.G. Rogers; Defendant (judgment Debtor): Anna Fitzgerald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 March 1932
Procedural Posture
Garnishment; Insurance Liability / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs; judgment of the Appellate Division affirmed subject to reduction of the award to $5,829 plus interest and costs.
Legal Topics
Automobile Liability Insurance, Garnishment/attachment of Debts, Interpretation of Insurance Policy Clauses, Jurisdictional Presence of Corporations, Enforcement of Foreign Issued Policies
Source Language
English
Insurance Civil Procedure Tort (automobile Collision) Conflict of Laws (attachment) Automobile Liability Insurance Garnishment/attachment of Debts Interpretation of Insurance Policy Clauses Jurisdictional Presence of Corporations +1 more

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Parties

Century Indemnity Company

Appellant (defendant Garnishee)

W.G. Rogers

Respondent (plaintiff)

Anna Fitzgerald

Defendant (judgment Debtor)

Procedural Posture

Garnishment; Insurance Liability / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether the insurer was a "person within Ontario" for purposes of Rule 590
  2. 2 Whether the insurer was "indebted to the judgment debtor" under the policy at time of attachment
  3. 3 Whether the alleged indebtedness was attachable in Ontario

Ratio Decidendi

The insurance policy's clause that recovery is available when liability is finally determined by judgment converted the insured's claim into a definite indebtedness upon the judgment; the insurer, being licensed and carrying on business with assets and a head office in Ontario, was a "person within Ontario" and thus the debt was attachable under Rule 590, so the garnishee was liable for the insured's indemnity up to the policy limits (adjusted to $5,829).

Court Disposition

Appeal dismissed with costs; judgment of the Appellate Division affirmed subject to reduction of the award to $5,829 plus interest and costs.

Orders

  • Appeal dismissed with costs
  • Judgment entered against Century Indemnity Company for $5,829