Does the word "fraud" apply to the incontestability clause in a policy?
British Columbia, Canada
The following excerpt is from Kruska v. Manufacturers Life Insurance Company, 1984 CanLII 888 (BC SC):
Were it not for the use of the word "fraud" in s. 135 of our Insurance Act, the meaning ascribed to it by Lord Mansfield in Carter v. Boehm, supra, might still apply to its use in the incontestability clause of the policy. But the language of s. 135 makes it clear that fraud must mean something more than mere innocent material misrepresentation or non-disclosure, and that it must mean what Duff C.J.C. referred to as "actual fraud".
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