What is the duty of an applicant for assurance to read and know the contents of the policy when he receives it?

Ontario, Canada


The following excerpt is from Provident Savings Life Assurance Society of New York v. Mowat, 1900 CanLII 23 (ON CA):

In many American decisions it is emphatically asserted that it is the duty of an applicant for assurance to read and know the contents of the policy when he receives it. But even this rule may be varied by circumstances. In England there are authorities holding in respect of other classes of contracts that there is an obligation on the part of the contractee to make himself aware of all the terms and conditions of the contract. Many of these are discussed in Watkins v. Rymill (1883), 10 Q.B.D. 178, where the rule was applied. But it is also well established by many cases that the rule yields readily to circumstances. In some instances the first duty is upon the contractor to shew that he has taken measures reasonably sufficient to give the contractee notice that he is required to read and inform himself of the terms of the proffered contract.

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