Dominion Grange Mutual Fire Insurance Association v. Bradt, , 25 S.C.R. 154 (1895)

Supreme Court of Canada

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Dominion Grange Mutual Fire Insurance Association v. Bradt, , 25 S.C.R. 154 (1895)

Supreme Court of Canada

Dominion Grange Mutual Fire Insurance Association v. Bradt, 25 S.C.R.154

Date: 1895-12-09

The Dominion Grange Mutual Fire Insurance Association (Defendant) Appellant;

and

Francis J. Bradt (Plaintiff) Respondent.

1895: May 20; 1895: December 9.

Present: Sir Henry Strong C.J., and Taschereau, Gwynne, Sedgewick and King JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Insurance against fire-Mutual Insurance Company-Contract-Termination-Notice-Statutory conditions-R.S.O. (1887) c. 167-Waiver-Estoppel.

B. applied to a mutual company for insurance on his property for four years giving an undertaking to pay the amounts required from time to time and a four months note for the first premium. He received a receipt beginning as follows: "Received from B. an undertaking for the sum of $46.50 being the premium for an insurance to the extent of $1,500 on the property described in his application of this date," and then providing that the company could cancel the contract at any time within fifty days by notice mailed to the applicant and that non-receipt of a policy within the fifty days, with or without notice, should be absolute evidence of rejection of the application. No notice of rejection was sent to B. and no policy was issued within the said time which expired on March 4th, 1891. On April 17 B. received a lett...

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