Does an applicant for disability insurance have to disclose all material facts?
Ontario, Canada
The following excerpt is from Fernandes v. RBC Life Insurance Company, 2008 CanLII 34279 (ON SC):
It is well settled law that an applicant for disability insurance coverage has common law, statutory and contractual obligations to disclose all material facts in any application to an insurer underwriting an insurance risk. Silva v. Sizoo [1997] 50 C.C.L.I. (2nd) 293 at p.300.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy? (Ontario, Canada)
If an insurance policy question is ambiguous and open to multiple interpretations and leads an applicant for insurance coverage to provide incorrect information, must the answer be resolved as against the insurer? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
What is the legal test for disclosing material facts on an ex parte motion? (Ontario, Canada)
What is the burden of proving that a motor vehicle was insured under a contract of automobile insurance at the material time? (Ontario, Canada)
Is there any material change on the basis that the applicant has suffered a material change connected with his desire to retire? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
Is an insurer's obligation to pay insurance monies to an insured a debt that can be garnished? (Ontario, Canada)
What are the allegations relating to disability and demotion made in an application for a long-term disability? (Ontario, Canada)
