Edelson Libin Insurance Ltd. v. Lino Catering Ltd., (1977) 5 A.R. 626 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 08, 1977
• Citations: (1977), 5 A.R. 626 (DC)

Edelson Libin Ins. Ltd. v. Lino Catering (1977), 5 A.R. 626 (DC)

MLB headnote and full text

Edelson Libin Insurance Ltd. v. Lino Catering Ltd.

Indexed As: Edelson Libin Insurance Ltd. v. Lino Catering Ltd.

Alberta District Court

Judicial District of Calgary

Kerans, A.C.J.

March 8, 1977.

Summary:

This headnote contains no summary.

Estoppel - Topic 1161

Estoppel by conduct - Representation - Acquiescence - The plaintiff insurance agent received instructions by telephone from the defendant to renew a casualty policy - The agent confirmed the instructions by letter to the defendant - The defendant did not reply to the agent's letter - The defendant admitted talking by telephone with the agent but denied instructing the agent to renew the policy - The Alberta District Court held that the defendant was estopped from denying the agent's confirming letter because the defendant must be taken to have accepted the letter in the absence of protesting the letter within a reasonable time - See paragraphs 1 to 14.

Insurance - Topic 1442

The insurance contract - Termination by insured - Authority of an insured to cancel - An insurance agent accepted instructions by telephone from a lawyer to insure a client - When the lawyer cancelled the insurance contract by letter the agent claimed that the cancellation had to be authorized by an officer of the insured corporation - The Alberta District Court held that in the circumstances the insured was entitled to cancel the policy by instructions from its lawyer - See paragraph 15.

Counsel:

A.J. Harben, for the plaintiff;

R.J. Gilborn, for the defendant.

The judgment of the Alberta District Court was delivered by KERANS, A.C.J., at Calgary, Alberta on March 8, 1977.