Milinkovich v. Canadian Mercantile Insurance Co.

Milinkovich v. Canadian Mercantile Insurance Co.

The insurer's adjuster, acting with an unqualified mandate and discretion, invited return of proofs of loss by post; the lawyer complied and posted the sworn proofs to the adjuster; under the postal rule and agency principles the mailing satisfied delivery requirements and constituted a waiver by the insurer of...

Source-derived case information.

Citation
[1960] SCR 830
Parties
Appellant / Plaintiff: Bob Milinkovich; Respondent / Defendant: Canadian Mercantile Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 October 1960
Procedural Posture
Insurance Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; judgment of trial court restored
Legal Topics
Proof of Loss, Delivery, Waiver, Agency, Postal Rule, Prematurity of Action
Source Language
english
Insurance Law Contract Law Civil Procedure Proof of Loss Delivery Waiver Agency Postal Rule +1 more

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Parties

Bob Milinkovich

Appellant / Plaintiff

Canadian Mercantile Insurance Company

Respondent / Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether proofs of loss mailed to insurer's authorized adjuster constituted delivery under the insurance contract
  2. 2 Whether the insurer or its adjuster waived strict statutory delivery requirements
  3. 3 Whether the action was premature for failure to deliver proofs of loss as required by statute or policy

Ratio Decidendi

The insurer's adjuster, acting with an unqualified mandate and discretion, invited return of proofs of loss by post; the lawyer complied and posted the sworn proofs to the adjuster; under the postal rule and agency principles the mailing satisfied delivery requirements and constituted a waiver by the insurer of strict receipt, therefore the action was not premature and the trial judgment should be restored.

Court Disposition

Appeal allowed; judgment of trial court restored

Orders

  • Appeal allowed with costs
  • Judgment of Court of Queen's Bench restored and plaintiff awarded $10,000