Entered according to Act of the Parliament of Canada in the year one thousand nine hundred and three, by THE CARSWELL COMPANY, Limited, in the Office of the Minister of Agriculture.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSIT

LAW DEPARTMENT.

THE

CANADIAN LAW TIMES.

JANUARY, 1902.

FOREIGN LAW AFFECTING LIFE INSURANCE CON

TRACTS.

THE very large amount of business done by foreign insur

ance companies in Canada has prompted legislative dealing with their contracts. Many millions of dollars every year are paid away in life insurance premiums to United States companies, and policies are issued to Canadians, who accept them without regard to the fact that they may be forced to collect them abroad; or, what is perhaps more vital, that the rights of their beneficiaries may have to be determined by foreign law. When a policy matures, there are three things to be determined: first, where the contract actually made; second, by what law are the rights of the

was

beneficiary by designation, indorsement or will, to be determined; and third, where are the insurance moneys payable. It. may happen that the policy was made or delivered in Canada, but is payable in a foreign country; or that it is both made and payable out of Canada, but that it has been dealt

with

In any

or affected by some contract or will in Canada. of these cases, and they are generally met with in practice, difficult questions arise as to what law governs.

There are some statutory provisions affecting this question in Canadian legislation, and it is necessary to examine

their

scope.

The R. S. C. c. 124, ss. 13 and 16, provide for the service of process on the agent holding a power of attorney