Compagnie Francaise du Phenix v. Travelers Fire Insurance Co.

Compagnie Francaise du Phenix v. Travelers Fire Insurance Co.

Majority held the phrase "tout ce qui se trouve dans les immeubles et qui n'est pas autrement assuré" is part of the description of the subject matter and thus items insured by the respondent's separate, specific policy were "autrement assurés" and excluded from appellant's blanket policy; the phrase is not a variation of statutory conditions within ss.240-241 of the Quebec Insurance Act; therefore appellant was not liable to contribute and the respondent's action was dismissed.

Citation
[1952] 2 SCR 190
Parties
Defendant/appellant: Compagnie Française du Phénix; Plaintiff/respondent: The Travelers Fire Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1952
Procedural Posture
Insurance Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; action dismissed
Legal Topics
Contents of Insured Property, Other Insurance, Blanket Policy, Statutory Conditions, Subrogation, Policy Interpretation, Contra Proferentem
Source Language
English
Insurance Contract Property Civil Procedure Contents of Insured Property Other Insurance Blanket Policy Statutory Conditions +3 more

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Parties

Compagnie Française du Phénix

Defendant/appellant

The Travelers Fire Insurance Company

Plaintiff/respondent

Procedural Posture

Insurance Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the "objets d'art" formed part of the "contents" covered by appellant's blanket policy at time of loss
  2. 2 Whether the phrase "qui n'est pas autrement assuré" in the policy is a variation of statutory conditions within s.240-241 of the Quebec Insurance Act and therefore void
  3. 3 Whether appellant consented to the respondent's specific policy so as to create rateable liability under statutory conditions 8 and 9

Ratio Decidendi

Majority held the phrase "tout ce qui se trouve dans les immeubles et qui n'est pas autrement assuré" is part of the description of the subject matter and thus items insured by the respondent's separate, specific policy were "autrement assurés" and excluded from appellant's blanket policy; the phrase is not a variation of statutory conditions within ss.240-241 of the Quebec Insurance Act; therefore appellant was not liable to contribute and the respondent's action was dismissed.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Appeal allowed
  • Action of The Travelers Fire Insurance Company dismissed