Citizens' Ins. Co. of Canada v. Salterio

Citizens' Ins. Co. of Canada v. Salterio

A chattel mortgage constitutes a 'change of title' under the policy condition and, together with the assignment/encumbrance of the policies without the insurer's indorsed consent and without timely notification, avoided the policies; appeal allowed and judgment for defendants ordered.

Citation
(1894) 23 SCR 155
Parties
Appellant / Defendant: Citizens' Insurance Company of Canada; Respondent / Plaintiff: James W. Salterio
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1894
Procedural Posture
Insurance Fire Policy Dispute / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal allowed with costs; judgment ordered for defendants (appellants) in the court below.
Legal Topics
Change of Title, Chattel Mortgage, Assignment of Policy, Encumbrance, Policy Conditions
Source Language
English
Insurance Contract Property Change of Title Chattel Mortgage Assignment of Policy Encumbrance Policy Conditions

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Parties

Citizens' Insurance Company of Canada

Appellant / Defendant

James W. Salterio

Respondent / Plaintiff

Procedural Posture

Insurance Fire Policy Dispute / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether granting a chattel mortgage constitutes a sale, transfer or change of title under the policy clause
  2. 2 Whether an assignment or encumbrance of the policy or insured property without the insurer's consent voids the policy
  3. 3 Whether the term 'encumbrances' in the policy refers to encumbrances on the property or on the policy itself

Ratio Decidendi

A chattel mortgage constitutes a 'change of title' under the policy condition and, together with the assignment/encumbrance of the policies without the insurer's indorsed consent and without timely notification, avoided the policies; appeal allowed and judgment for defendants ordered.

Court Disposition

Appeal allowed with costs; judgment ordered for defendants (appellants) in the court below.

Orders

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