Firth v. Western Life Assurance Co., [1957] S.C.R. 428 (1957)

Supreme Court of Canada

Firth v. Western Life Assurance Co., [1957] S.C.R. 428

Date: 1957-05-13

Norman F. Firth (Plaintiff) Appellant;

and

The Western Life Assurance Company (Defendant) Respondent.

1957: February 12, 13; 1957: May 13.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Insurance-Life-Non-payment of renewal premium-Days of grace-Due date of premium falling on non-juridical day-The Insurance Act, R.S.O. 1950, c. 183, s. 146.

A term policy of life insurance provided for payment of renewal premiums on April 13 in each year. April 13, 1952, was Easter Sunday and the following day, April 14, was a holiday. The insured died on May 14, the renewal premium for that year being then unpaid. The insurer repudiated liability under the policy on the ground that it had lapsed because of non-payment of the renewal premium by May 13. The beneficiary contended that the death occurred within the days of grace allowed under the policy and under s. 146 of The Insurance Act.

Held (Rand ...

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