Zaidi v. Alliance Assurance Co., (1973) 4 Nfld. & P.E.I.R. 138 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 26, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 138 (NFSC)

Zaidi v. Alliance Assurance (1973), 4 Nfld. & P.E.I.R. 138 (NFSC)

MLB headnote and full text

Zaidi v. Alliance Assurance Company Limited

Indexed As: Zaidi v. Alliance Assurance Co.

Newfoundland Supreme Court

At Trial

Furlong, C.J.

January 26, 1973.

Summary:

This case arose out of a claim on a fire insurance policy. At the trial of the action the defendant after the close of the plaintiff's case made a motion for dismissal. The motion was made on the ground that the court had no jurisdiction to hear the case because of Section 14(2) of the Fire Insurance Act. Section 14(2) provided that no action on an insurance contract could be brought until six months after proof of loss. The Supreme Court in the judgment below dismissed the motion.

Insurance - Topic 2760

Applicant's duty of disclosure - Loss of remedies waiver and estoppel - Notice and proof of loss - Failure to file proof of loss as bar to action - Newfoundland Fire Insurance Act, section 14(2), provided that no action shall be brought on a contract of insurance until six months after proof of loss - Newfoundland Supreme Court dismissed a motion for dismissal at the close of the plaintiff's case in which no evidence was led relating to compliance with s. 14(2).

Statutes Noticed:

Fire Insurance Act, S. Nfld. 1957, c. 32, sect. 14(2).

Counsel:

Hon F.A. O'Dea, Q.C., for the plaintiff;

F.G. Reid, for the defendant.