General trust of canada v. Artisans coopvie, société coopérative d'assurance-vie, [1990] 2 S.C.R. 1185 (1990)




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General trust of canada v. Artisans coopvie, société coopérative d'assurance-vie, [1990] 2 S.C.R. 1185 (1990)

General Trust of Canada v. Artisans Coopvie, Société coopérative d'assurance-vie, [1990] 2 S.C.R. 1185

General Trust of Canada and

X. Béton (1977) Ltée Appellants v.

Les Artisans Coopvie, Société

coopérative d'assurance-vie Respondent indexed as: general trust of canada v. artisans coopvie, société coopérative d'assurance-vie

File No.: 20431.

1990: February 27; 1990: October 18.

Present: Lamer C.J.* and Wilson, La Forest, L'Heureux-Dubé, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for quebec

Insurance -- Life insurance -- Coming into effect -- Interpretation of conditions of art. 2516 C.C.L.C.

The principal shareholder of X. Béton signed on the company's behalf an application for life insurance to meet the financing conditions imposed by General Trust. An amended application was accepted by respondent insurer on May 6, 1977 and the policy was delivered that same day. The application indicated that at that time X. Béton paid the insurer a deposit of $1,000. At the same time the insured signed a declaration of good health and insurability. At X. Béton's request, the insurer agreed on June 14 to vary the payment provisions by dividing the annual premium of over $8,000 into monthly premiums, so that the first premium was covered by the earlier payment of $1,0...

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