Acts and Regulations

P-19 - Property Act

Section 49
Disposition versions

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Insurance effected under mortgage deed
49(1)The amount of an insurance effected by a mortgagee against loss or damage by fire under the power in that behalf conferred by this Act shall not exceed the amount specified in the mortgage deed, or, if no amount is therein specified, then shall not exceed two-third parts of the amount that would be required, in case of total destruction, to restore the property insured.
49(2)An insurance shall not, under the power conferred by this Act, be effected by a mortgagee,
(a) where there is a declaration in the mortgage deed that no insurance is required,
(b) where an insurance is kept up by or on behalf of the mortgagor in accordance with the mortgage deed, or
(c) where the mortgage deed contains no stipulation respecting insurance, and an insurance payable by the contract of insurance to the mortgagee, in case of loss, is kept up by or on behalf of the mortgagor, to the amount to which the mortgagee is by this Act authorized to insure.
49(3)All money received on an insurance effected under the mortgage deed, or under this Act, shall, if the mortgagee so requires, be applied by the mortgagor in making good the loss or damage in respect of which the money is received.
49(4)Without prejudice to any obligation to the contrary imposed by law, or by special contract, a mortgagee may require that all money received on an insurance be applied in or towards discharge of the money due under his mortgage.
R.S., c.177, s.47