Home Life Association of Canada v. Randall

Home Life Association of Canada v. Randall

Plaintiff was obliged to plead and prove performance of the condition precedent of furnishing satisfactory proofs of a valid claim; the proofs she furnished on their face established death from consumption within one year, falling within the policy exclusion; there was no waiver of that defence on the record; therefore the insurer was not liable and the action must be dismissed.

Citation
(1899) 30 SCR 97
Parties
Defendant/appellant: Home Life Association of Canada; Plaintiff/respondent: Eleanor Marion Randall
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 November 1899
Procedural Posture
Action on Life Insurance Policy / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; judgment for plaintiff reversed; action dismissed with costs.
Legal Topics
Condition Precedent, Proof of Performance, Waiver, Burden of Proof, Life Insurance Policy, Cause of Death
Source Language
English
Insurance Contract Civil Procedure Condition Precedent Proof of Performance Waiver Burden of Proof Life Insurance Policy +1 more

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Parties

Home Life Association of Canada

Defendant/appellant

Eleanor Marion Randall

Plaintiff/respondent

Procedural Posture

Action on Life Insurance Policy / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether plaintiff was required to plead and prove performance of conditions precedent (furnishing satisfactory proofs of loss)
  2. 2 Whether the insurer waived the defence based on insufficiency of proofs of loss
  3. 3 Whether cause of death fell within the policy exclusion for consumption within one year

Ratio Decidendi

Plaintiff was obliged to plead and prove performance of the condition precedent of furnishing satisfactory proofs of a valid claim; the proofs she furnished on their face established death from consumption within one year, falling within the policy exclusion; there was no waiver of that defence on the record; therefore the insurer was not liable and the action must be dismissed.

Court Disposition

Appeal allowed; judgment for plaintiff reversed; action dismissed with costs.

Orders

  • Appeal allowed with costs
  • Action dismissed with costs