Global General Insurance Co. v. Finlay and Layng

Global General Insurance Co. v. Finlay and Layng

The policy, properly construed, insured the executrix and persons driving with her consent for the remainder of the policy term; under s.214(1) the plaintiff need only prove the policy and that he recovered judgment against a person insured under the policy for a claim covered by it, and a formal judgment together with the record and reasons, when not impeached and unappealed, are admissible and sufficient to establish the nature of the claim and entitlement to recover from the insurer.

Citation
[1961] SCR 539
Parties
Appellant Defendant: Global General Insurance Company; Respondent Plaintiff: Harold Finlay; Respondent Plaintiff: Ivan Layng
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1961
Procedural Posture
Civil Appeal (insurance) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Final Judgment Rendered
Outcome
Appeals dismissed
Legal Topics
Third Party Liability, Construction of Insurance Policy, Section 214(1) Insurance Act, Res Judicata, Proof by Judgment, Record and Reasons
Source Language
English
Insurance Torts Civil Procedure Evidence Motor Vehicle Law Third Party Liability Construction of Insurance Policy Section 214(1) Insurance Act +2 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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Global General Insurance Company

Appellant Defendant

Harold Finlay

Respondent Plaintiff

Ivan Layng

Respondent Plaintiff

Procedural Posture

Civil Appeal (insurance) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Final Judgment Rendered

Legal Issues

  1. 1 Whether the insurance policy covered the executrix and a driver with the executrix's consent after the named insured's death
  2. 2 Whether third‑party claims arising after the insured’s death were within the policy period
  3. 3 What proof is required under s.214(1) of the Insurance Act to maintain an action against the insurer

Ratio Decidendi

The policy, properly construed, insured the executrix and persons driving with her consent for the remainder of the policy term; under s.214(1) the plaintiff need only prove the policy and that he recovered judgment against a person insured under the policy for a claim covered by it, and a formal judgment together with the record and reasons, when not impeached and unappealed, are admissible and sufficient to establish the nature of the claim and entitlement to recover from the insurer.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs