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- The Law of Fire Insurance in Canada
The Law of Fire Insurance in Canada
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Excerpt from The Law of Fire Insurance in Canada: With a Complete Analysis of the Jurisprudence and of the Statute Law of the Dominion
The writer's aim in this work has been to afford some practical assistance to the Canadian lawyer when called upon to determine the rights of the parties under a fire insurance contract.
I such a case special difficulties confront him. The general principles of insurance law are, in Canada, modified by local statutes, and the statute law itself is not uniform, but differs widely in the various provinces.
Again, in the questions which commonly arises for consideration, little assistance can be obtained from the English cases, because there are no statutory enactments in England which interfere with the freedom of contract between the insurer and the insured, and the jurisprudence in the United States is so inharmonious, that in many branches of insurance law, notably in cases in which agency is involved, authority can be found both ways for most propositions of law which arise.
The writer has only attempted to expound the law of fire insurance as determined by the decisions of the Canadian courts, and has cited English and American cases where they illustrate or support such decisions.
In Chapter I, the writer has attempted to show the advantage of a uniform policy of fire insurance for Canada. After writing the succeeding chapters of the book, he has been still more strongly impressed with that view. It may be worth while stating a few of the reasons more in detail.
Legislation with respect to the conditions which alone shall govern fire insurance contracts, has been adopted in all the provinces of Canada except New Brunswick and Prince Edward Island, yet in no two provinces are these conditions the same.
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