Canada's Unique View on Rescission of Insurance

0
5χλμ.

Misrepresentation About Prior Non-Renewal & Concealment of Prior Claims Can Void Coverage


Read the full article at https://www.linkedin.com/pulse/canadian-court-appeal-enforces-uberrimae-fidei-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3550 posts.


After a summary trial, the appellant, BCAA Insurance Corporation (“BCAA”), was found liable under a homeowner’s policy it issued to the respondents, who are common-law spouses, to indemnify them for the complete loss by fire of their house and its contents on Mayne Island, BC. BCAA issued the policy on March 8, 2016. The fire occurred on December 4, 2016. In Nagy v. BCAA Insurance Corporation, Court of Appeal For British Columbia, Docket: CA462032020 BCCA 270, October 7, 2020 the insurer effectively challenged an order by the judge finding it liable under an insurance policy issued to the respondents.


ZALMA OPINION


Due to a statute that limited the Marine rule first stated by Lord Mansfield in Carter v Boehm that established the rule of utmost good faith in insurance transactions. The misrepresentation was obvious while the concealment of the two prior losses was visible, but could not be proved to be fraudulent.  Canada requires omissions to be fraudulent but does not require the same for misrepresentations.

Προωθημένο

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Αναζήτηση
Κατηγορίες
Διαβάζω περισσότερα
Politically Incorrect
Skin in The Game
View Topic Story. This guy gets it. I’ve never been a football fan as long as I’ve...
από Scathing Take 2020-07-21 04:20:26 0 5χλμ.
άλλο
Investigating the Extent of a Property Loss
How the Adjuster and Insured Agree to Amount of Loss Read the full article at...
από Barry Zalma 2021-09-29 13:08:19 0 3χλμ.
άλλο
Bloods Gang Member Guilty of RICO to Defraud Insurers
Bloods Gang Member Guilty of RICO to Defraud Insurers Read the full article at...
από Barry Zalma 2024-02-19 14:01:43 0 2χλμ.
Politics
Is Biden Commander In Chief ? Evidence SAYS NO!!
75 Million people watched in disbelief as Joe Biden and Kamala Harris were inaugurated on Janaury...
από Wym Creator 2021-02-05 04:10:01 6 7χλμ.
άλλο
Man Bites Dog & Dog Bites Back
Man Bites Dog & Dog Bites Back Read the full article at https://lnkd.in/gS5NANH3, see...
από Barry Zalma 2024-04-17 13:20:58 0 2χλμ.