Is a condi tion which requires a change material to the risk of loss of coverage unreasonable?

Manitoba, Canada

The following excerpt is from Poast and Poast v. Royal Insurance Company of Canada, 1983 CanLII 3768 (MB QB):

In McKay v. Norwich Union, supra, p. 262, Street, J., observed that "an unreasonable condition is one which no sensible man would propose, expecting another man to accept it." And he went on to dismiss as unreasonable a condi tion which, of a row of tenament houses, required notice to the insurer and reconfirmation of coverage whenever a vacancy occurred, the insurer knowing from the start that, of such premises, tenancies are unpredictable. A condi tion, he thought, "manifestly more onerous than the statutory condition" of a "change material to the risk".

Other Questions

What is the test for a material change in custody? (Manitoba, Canada)
What is the test for determining whether there is a material change in the terms of a commercial contract? (Manitoba, Canada)
Does a post-separation increase in income after a separation constitute a material change in circumstances? (Manitoba, Canada)
When will an arbitrator's decision be considered unreasonable? (Manitoba, Canada)
What is the standard of care required by the occupier of a parking lot to properly prepare the lot for icy winter conditions? (Manitoba, Canada)
What background evidence is required in a variation proceeding? (Manitoba, Canada)
Does admitting expert evidence after the conclusion of the proceeding before the Master change the nature of that hearing? (Manitoba, Canada)
What is the test for establishing a causal link between a medical practitioner’s failure to inform a patient of any material, special or unusual risks involved with a medical procedure or treatment? (Manitoba, Canada)
Is a plaintiff required to produce specific particulars of the allegation of fraud or fraud until after discoveries have been concluded? (Manitoba, Canada)
What is the standard of proof required to discharge the onus of a gift? (Manitoba, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.