New York Life Insurance Co. v. Dubuc

New York Life Insurance Co. v. Dubuc

The policy was effective as of its dated date (26 June 1924) because the physician-consultation restriction only related to the period between the medical examination and the policy date; the agent's delivery, made in exercise of his delegated factual judgment, bound the company; and the premium was effectively paid...

Source-derived case information.

Citation
[1926] SCR 272
Parties
Appellant/defendant: New York Life Insurance Company; Respondent/plaintiff: Guy J. L. Dubuc
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 March 1926
Procedural Posture
Appeal to Supreme Court of Canada / Decision on Appeal From Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs; judgment of the Appellate Division affirmed.
Legal Topics
Life Insurance, Policy Effective Date, Delivery of Policy, Premium Payment, Authority of Agent, Medical Examination Clause, Contract Interpretation
Source Language
english
Insurance Law Contract Law Agency Law Life Insurance Policy Effective Date Delivery of Policy Premium Payment Authority of Agent +2 more

Source-derived case record

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Parties

New York Life Insurance Company

Appellant/defendant

Guy J. L. Dubuc

Respondent/plaintiff

Procedural Posture

Appeal to Supreme Court of Canada / Decision on Appeal From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the life policy was in force at the time of the insured's accident
  2. 2 Construction of clause restricting effect of policy if applicant consulted or was treated by a physician
  3. 3 Whether delivery by local agent was effective despite company instructions

Ratio Decidendi

The policy was effective as of its dated date (26 June 1924) because the physician-consultation restriction only related to the period between the medical examination and the policy date; the agent's delivery, made in exercise of his delegated factual judgment, bound the company; and the premium was effectively paid when the agent discounted the promissory note without recourse.

Court Disposition

Appeal dismissed with costs; judgment of the Appellate Division affirmed.

Orders

  • Appeal dismissed with costs
  • Appellate Division decision ([1925] 3 W.W.R. 386) affirmed