Is a payment made by an insurer under a life insurance policy an indemnification of the insured under the policy?
British Columbia, Canada
The following excerpt is from Wellington Ins. Co. v. Armac Diving Services Ltd., 1987 CanLII 2774 (BC CA):
I conclude that the events surrounding the payment indicate unequivocally that the payment made by the insurer was not an indemnification of the insured under the policy. The “sum insured”, to use the language of Castellain v. Preston, supra, was never paid.
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