What is the burden of proving that the insured knowingly misrepresented a material fact?

British Columbia, Canada


The following excerpt is from Deters v. Totovic, 2009 BCSC 1709 (CanLII):

The burden of proving that the insured knowingly misrepresented a material fact is on the insurer. The standard of proof is the civil standard of balance of probabilities. The question of whether or not there has been a knowing misrepresentation is to be determined on the basis of the circumstances that existed at the time the policy of insurance was issued: Booth v. ICBC, 2009 BCSC 1346 at paras. 7-9.

Other Questions


What is the burden of proving a material fact? (British Columbia, Canada)
In what circumstances will an insurer be required to continue to pay disability benefits to an insured who has been spied on by the insurer? (British Columbia, Canada)
Is a vehicle that is insured for farm use and pleasure use more than twice as much as the vehicle insured for the purpose of transporting the insured to and from work? (British Columbia, Canada)
What are the requirements for a party to produce all documents that are or have been in their possession or control and that could be used at trial to prove or disprove a material fact? (British Columbia, Canada)
What is a material fact and what is an evidentiary fact? (British Columbia, Canada)
Is a payment made by an insurer under a life insurance policy an indemnification of the insured under the policy? (British Columbia, Canada)
What is the burden of proving material change in circumstances? (British Columbia, Canada)
What is the burden of proving a loss under an insurance policy? (British Columbia, Canada)
Does a party who alleges fraudulent misrepresentation have to prove that the misrepresentation is not a "material fact" in order to succeed in their claim? (British Columbia, Canada)
What are the material facts in a personal injury case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.