Howard v. Lancashire Ins. Co.

Howard v. Lancashire Ins. Co.

Because the appellant lacked an insurable interest when the insurance was effected, the subsequent acquisition of an interest did not entitle him to recover; the renewal of the policy was merely a continuation of the original contract and not a new contract creating fresh rights.

Citation
(1886) 11 SCR 92
Parties
Appellant/plaintiff: Henry Howard; Respondent/defendant: The Lancashire Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1885
Procedural Posture
Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia After That Court Ordered a New Trial
Outcome
Appeal dismissed with costs.
Legal Topics
Insurable Interest, Policy Renewal, Representation in Policy, Bill of Sale, New Trial
Source Language
English
Insurance Contract Property Civil Procedure Insurable Interest Policy Renewal Representation in Policy Bill of Sale +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Henry Howard

Appellant/plaintiff

The Lancashire Insurance Company

Respondent/defendant

Procedural Posture

Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia After That Court Ordered a New Trial

Legal Issues

  1. 1 Whether plaintiff had an insurable interest at the time the insurance was effected
  2. 2 Whether a renewal of a policy constitutes a new contract or is merely a continuation of the original contract
  3. 3 Whether an interest acquired after the inception of the policy but before the loss can be relied on to recover under the policy

Ratio Decidendi

Because the appellant lacked an insurable interest when the insurance was effected, the subsequent acquisition of an interest did not entitle him to recover; the renewal of the policy was merely a continuation of the original contract and not a new contract creating fresh rights.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Order of the Supreme Court of Nova Scotia directing a new trial is upheld.