Union Marine & General Insurance Company Limited v. Bodnorchuk et al.

Union Marine & General Insurance Company Limited v. Bodnorchuk et al.

The only reasonable inference from the totality of the evidence and conduct was that the appellant's policy had been terminated by mutual agreement with its local agent before the fire; given that finding the insured's claim under the policy failed and it was unnecessary to resolve the broader scope of s.162; even...

Source-derived case information.

Citation
[1958] SCR 399
Parties
Defendant Appellant: Union Marine & General Insurance Company Limited; Plaintiff Respondent: Alex Bodnorchuk; Plaintiff Respondent: Steve Nawakowsky
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 June 1958
Procedural Posture
Fire Insurance Claim — Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Saskatchewan; Hearing at Supreme Court of Canada
Outcome
Appeal allowed; action dismissed with costs throughout
Legal Topics
Policy Termination by Mutual Agreement, Notice of Loss/statutory Conditions, Relief Against Forfeiture, Agent Authority and Ostensible Authority, Appellate Review of Factual Findings
Source Language
english
Insurance Law Contract Law Civil Procedure Policy Termination by Mutual Agreement Notice of Loss/statutory Conditions Relief Against Forfeiture Agent Authority and Ostensible Authority Appellate Review of Factual Findings

Source-derived case record

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Parties

Union Marine & General Insurance Company Limited

Defendant Appellant

Alex Bodnorchuk

Plaintiff Respondent

Steve Nawakowsky

Plaintiff Respondent

Procedural Posture

Fire Insurance Claim — Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Saskatchewan; Hearing at Supreme Court of Canada

Legal Issues

  1. 1 Whether the fire policy was cancelled/terminated by mutual agreement between insured and local agent
  2. 2 Whether failure to give immediate written notice of loss (stat. con. 15) barred the claim
  3. 3 Whether s.162 of The Saskatchewan Insurance Act permits relief against forfeiture for failure to comply with statutory notice/proof requirements

Ratio Decidendi

The only reasonable inference from the totality of the evidence and conduct was that the appellant's policy had been terminated by mutual agreement with its local agent before the fire; given that finding the insured's claim under the policy failed and it was unnecessary to resolve the broader scope of s.162; even if s.162 applied relief would not be granted because the failure to give the statutory notice was deliberate. The appeal was allowed and the action dismissed.

Court Disposition

Appeal allowed; action dismissed with costs throughout

Orders

  • Appeal allowed and action dismissed with costs throughout