What is the test for making a mistake of fact in an insurance claim?
Saskatchewan, Canada
The following excerpt is from Mobil Oil Canada Ltd. v. Rural Municipality of Storthoaks #31, 1972 CanLII 862 (SK QB):
In Kelly v. Solan (1841), 9 M. & W. 54, 152 E.R. 24 it was laid down that, whether a mistake is attributable to negligence on the plaintiff’s part to such a degree as not to be relievable against is to be decided on a consideration of the facts of the case, although, generally speaking, money paid under mistake of fact may be recovered, however careless the party paying may have been in failing to use due diligence to inquire into the facts.
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