London and Lancashire Fire Insurance Co. v. Veltre

London and Lancashire Fire Insurance Co. v. Veltre

A registered letter addressed and registered in accordance with condition 15, enclosing the unearned premium, can satisfy the statutory requirement to tender under condition 11, but the cancellation is not effective unless the notice and tender are actually received by the insured before the loss; thus mailing alone does not terminate the insurer's liability absent actual receipt prior to loss.

Citation
(1918) 56 SCR 588
Parties
Appellant (defendant): London and Lancashire Fire Insurance Company; Respondent (plaintiff): F. Veltre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 June 1918
Procedural Posture
Insurance Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed; judgment of the Appellate Division affirmed
Legal Topics
Policy Cancellation, Notice by Registered Mail, Tender of Unearned Premium, Statutory Conditions Interpretation
Source Language
English
Insurance Law Contract Law Civil Procedure Policy Cancellation Notice by Registered Mail Tender of Unearned Premium Statutory Conditions Interpretation

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Parties

London and Lancashire Fire Insurance Company

Appellant (defendant)

F. Veltre

Respondent (plaintiff)

Procedural Posture

Insurance Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether a notice of cancellation under statutory condition 11 may be given by registered letter under condition 15
  2. 2 Whether enclosing the unearned premium with a registered notice constitutes a valid tender
  3. 3 Whether cancellation takes effect on posting or only upon actual receipt by the insured

Ratio Decidendi

A registered letter addressed and registered in accordance with condition 15, enclosing the unearned premium, can satisfy the statutory requirement to tender under condition 11, but the cancellation is not effective unless the notice and tender are actually received by the insured before the loss; thus mailing alone does not terminate the insurer's liability absent actual receipt prior to loss.

Court Disposition

Appeal dismissed; judgment of the Appellate Division affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Ontario (in favour of the respondent) affirmed