Does a failure of a plaintiff (the assured) to examine the policy policy when received by the agent (the insured) prevent recovery from the agent?
Alberta, Canada
The following excerpt is from Peter Unruh Construction Company v. Kelly-Luvy & Cameron Adjusters Ltd., 1976 CanLII 304 (AB QB):
In Fairbrother v. Dawson, [1954] O.W.N. 128, Aylen J. held that the failure of the plaintiff (the assured) to examine the policy when received did not prevent recovery from the agent, as the plaintiff had relied upon the agent to secure the proper insurance.
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