Home Insurance Co. of N.Y. v. Gavel

Home Insurance Co. of N.Y. v. Gavel

The statutory condition applies only to a subsequent insurance that is effective; because the later Northern policy never attached (it was negated by its own prior‑insurance clause), no subsequent insurance was "effected" within the meaning of the condition and the appellant remained liable under its policy.

Source-derived case information.

Citation
[1927] SCR 481
Parties
Appellant/defendant: Home Insurance Co. of N.Y.; Respondent/plaintiff: Harry Gavel
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Insurance (fire) — Civil Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia En Banc; Final Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia en banc affirmed.
Legal Topics
Statutory Condition Against Subsequent Insurance, Effectiveness/attachment of Insurance Policy, Interpretation of Mutual Exclusion Clauses
Source Language
english
Insurance Law Contract Law Statutory Condition Against Subsequent Insurance Effectiveness/attachment of Insurance Policy Interpretation of Mutual Exclusion Clauses

Source-derived case record

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Parties

Home Insurance Co. of N.Y.

Appellant/defendant

Harry Gavel

Respondent/plaintiff

Procedural Posture

Insurance (fire) — Civil Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia En Banc; Final Judgment on Appeal

Legal Issues

  1. 1 Whether a subsequent insurance that never legally attached falls within the statutory condition voiding prior insurance
  2. 2 Whether the statutory condition applies to any contract in fact or only to subsequent insurance that is effective

Ratio Decidendi

The statutory condition applies only to a subsequent insurance that is effective; because the later Northern policy never attached (it was negated by its own prior‑insurance clause), no subsequent insurance was "effected" within the meaning of the condition and the appellant remained liable under its policy.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia en banc affirmed.

Orders

  • Appeal dismissed with costs.
  • Respondent awarded $8,000 under the appellant's policy.