In what circumstances will a jury consider the materiality of an insurance statement?
Saskatchewan, Canada
The following excerpt is from Shields v. North American Life Assurance Company (No. 2), 1950 CanLII 196 (SK CA):
In my view this was a clearly established misdirection. In my view the learned trial Judge should have told the jury that they should consider the question of materiality of the answers given as at the time of the acceptance of the application for the insurance and not as at the date of death of the insured. See Hollister v. Alliance Insur. Co., supra, at p. 165.
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