Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party?
Saskatchewan, Canada
The following excerpt is from Goulding v. Norwich Union Fire Insurance Society, 1947 CanLII 193 (SK CA):
Ritchie, C.J., delivering the judgment of the court, says as follows, at p. 441: “Routh v. Thompson (1811) 13 East 274, 284, 104 ER 375, and Hagedorn v. Oliverson (1814) 2 M and S 485, 105 ER 461, seem clearly to establish that a party may insure in his own name the property of another for the benefit of the owner, without the previous authority or sanction of the latter, and that it will inure to the interest of the party intended to be protected upon his subsequent adoption of it, even after a loss has occurred: a fortiori, if he insures in the owner’s own name.”
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