The Nova Scotia Marine Ins. Co. v. Stevenson

The Nova Scotia Marine Ins. Co. v. Stevenson

The representation that the vessel was "built in 1890" was a misrepresentation because the vessel was an old steamer (built 1868) extensively repaired and carrying essential original structure and machinery; the age representation was material and was made with intent to deceive, so the policy is avoided; appeal allowed for defendants.

Citation
(1894) 23 SCR 137
Parties
Appellant (defendant): The Nova Scotia Marine Insurance Company (Limited); Respondent (plaintiff): Robert Stevenson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 March 1894
Procedural Posture
Marine Insurance Appeal / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal allowed; judgment entered for defendants (insurer).
Legal Topics
Misrepresentation, Seaworthiness, Warranties, Marine Registration
Source Language
English
Insurance Law Marine Insurance Misrepresentation Seaworthiness Warranties Marine Registration

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Parties

The Nova Scotia Marine Insurance Company (Limited)

Appellant (defendant)

Robert Stevenson

Respondent (plaintiff)

Procedural Posture

Marine Insurance Appeal / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the representation that the vessel was "built in 1890" was a misrepresentation
  2. 2 Whether the misrepresentation was made with intent to deceive
  3. 3 Whether an honestly made misrepresentation that is substantially incorrect and material vitiates a marine policy

Ratio Decidendi

The representation that the vessel was "built in 1890" was a misrepresentation because the vessel was an old steamer (built 1868) extensively repaired and carrying essential original structure and machinery; the age representation was material and was made with intent to deceive, so the policy is avoided; appeal allowed for defendants.

Court Disposition

Appeal allowed; judgment entered for defendants (insurer).

Orders

  • Appeal allowed with costs
  • Judgment entered for the defendants below