Does the principle of construction apply to such policies and statutory conditions?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Government Insurance Office v. Lepitzki, 1954 CanLII 164 (SK QB):
The principle of construction applicable to such policies and statutory conditions would appear settled by Trickett v. Queensland Insur. Co. 1935 CanLII 432 (UK JCPC), [1936] 1 WWR 605, [1936] AC 159, 105 LJPC 38. The exception to liability read: “No liability shall attach to the company under this policy in respect of any loss, damage or liability occurring or any personal accident to the insured occurring: “(1) While any motor vehicle in connection with which indemnity is granted under this policy is: * * * “(e) Being driven in a damaged or unsafe condition.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What common law principles apply to occupiers' liability? (Saskatchewan, Canada)
Does the Hedley Byrne principle apply to a claim where the claim is based on expert testimony? (Saskatchewan, Canada)
What is the case law applying the best interests principle? (Saskatchewan, Canada)
What is the rule of construction in construction and what is the effect of the penalty? (Saskatchewan, Canada)
How have the courts interpreted the principles of insurance in the context of an under-written policy? (Saskatchewan, Canada)
Can a conditional order (if the conditions are met) be acted upon and the landlord can not take possession of the premises? (Saskatchewan, Canada)
What are the principles that apply on the second ground of a claim under the Rules of Civil Procedure? (Saskatchewan, Canada)
What are the principles to be applied in interpreting a will? (Saskatchewan, Canada)
Does the qualifying words "may reasonably become" in a disability policy apply to a plaintiff? (Saskatchewan, Canada)
What is the effect of a construction theory approach on a construction contract? (Saskatchewan, Canada)
