• Contact Us
  • About
  • Advertise
  • Privacy & Policy
Monday, September 1, 2025
  • Login
E3P Motor Insurance
  • Home
  • Insurance
  • Pension
  • Business Unlimited
  • OIL & ENERGY
  • Feature
  • News
  • Home
  • Insurance
  • Pension
  • Business Unlimited
  • OIL & ENERGY
  • Feature
  • News
No Result
View All Result
Business Post
No Result
View All Result
Home Feature

Canadian Court Of Appeal Enforces Uberrimae Fidei

Nwanne Ikemefune by Nwanne Ikemefune
February 6, 2021
in Feature
0 0
0
Canadian Court Of Appeal Enforces Uberrimae Fidei
0
SHARES
72
VIEWS
Share on FacebookShare on TwitterShare on WhatsApp

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

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 challenged an order by the judge finding it liable under an insurance policy issued to the respondents.

The appellants denied the claim on the basis that the insurance policy was void due to material change in risk, and to misrepresentations and omissions made by the respondents at the time the insurance policy was issued.

The Court of Appeal concluded that the insurer’s state of knowledge was more important than the claimant’s good intentions and claims they had no intent to deceive. If BCAA had had the correct information when it bound coverage, the court noted, it may have changed its decision about whether to underwrite the risk.

On appeal, the appellants argued that the trial judge erred in her characterization of the missing information as omissions rather than misrepresentations, thus applying heightened scrutiny to the evidence that required proof of fraudulent intent. The insurer did not present sufficient evidence to establish a fraudulent intent of the insureds.

The Court of Appeal found that, while the absence of the two claims losses on the form may have been “omissions,” the statement that they had not had an insurance policy cancelled or non-renewed was in fact a misrepresentation, which would void the policy. Accordingly, the Court of Appeal overturned the trial judge’s order and sent the case back to the trial court for a new trial.

This decision affirmed that the duty of utmost good faith is central to insurance contracts referring back to Carter v. Boehm decided in the House of Lords in 1766.

Insureds must disclose all material facts relating to a risk, and a false statement about a material fact will not be excused easily as the omission of material information may be. While an insurer has a right to expect that material facts are fully disclosed, the Court’s interpretation of the “misrepresentation” and “omission” is consistent with their ordinary meanings. The Court of Appeal decision allows for greater predictability to insurers when deciding whether a policy is legally voidable if the insurer can prove an actual misrepresentation rather than an innocent omission because a statute requires proof of fraud for omissions but not for misrepresentations.

The Appeal was allowed; the order set aside concluding that the judge erred in finding one of the respondents’ answers on the application to constitute an omission rather than a misrepresentation, which error was palpable and overriding.

ZALMA OPINION Our neighbors to the north apply rescission of an insurance policy in a manner unique, due to a statute that limited the Marine rule first stated by Lord Mansfield in Carter v Boehm (1766), 3 Burr 1905, 97 ER 1162, 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. In California and other states that apply the old Marine rule, misrepresentation or concealment that effectively deceives the insurer, even if made innocently or in good faith, is sufficient to rescind the policy. Canada requires omissions to be proved fraudulent while it does not require the same for misrepresentations.

Source: Feedspot.com By Barry Zalma
Previous Post

Sovereign Trust Pays N3bn Claims

Next Post

Commercial Insurance Price Increases Across The Globe

Nwanne Ikemefune

Nwanne Ikemefune

Related Posts

S’ Court Affirms Halliburton’s $6.9m Tax to Fed Govt
Feature

When Oversight Becomes Overreach: How House Probes Could Derail Nigeria’s Insurance Reforms

July 28, 2025
Feature

How an Insurance Company is Using Entertainment to Promote Insurance Education in Africa

June 13, 2025
Premium Perspective: Insurers Earn Trust, Premium Spirals Up
Feature

Features of Insurance Make Insurance Rescue Made to Fit Obligation

June 2, 2025
Next Post
Commercial Insurance Price Increases Across The Globe

Commercial Insurance Price Increases Across The Globe

Please login to join discussion
NEM INSURANCE NEM INSURANCE NEM INSURANCE
  • Trending
  • Comments
  • Latest
Loss Adjusters Receive Charge To Match Speed Of New Developments

Loss Adjusters Receive Charge To Match Speed Of New Developments

April 27, 2024
tope smart NIA former chairman

Insurance Milestone: A Beacon To Follow

April 3, 2022
Custodian Investment To Acquire 51% Stake In UACN Property

Penetration: Operators Call For Insurance-In-Action

November 2, 2022
NCRIB And Universal In Pictures

NCRIB And Universal In Pictures

May 4, 2024
Reinsurance Rates May Increase Into 2022, But Momentum To Wane: Fitch

Reinsurance Rates May Increase Into 2022, But Momentum To Wane: Fitch

April 13, 2021
ncrib logo

NCRIB Sets The Stage For Adaramola’s Tenure

June 7, 2023
Preferred PenCom Logo

PenCom Board Crafted To Hedge Setback

February 1, 2021
Linkage Assurance Aligns With Brokers For Growth

Linkage Assurance Aligns With Brokers For Growth

December 6, 2021
PTAD Wipes 21,227 Parastatals Pensioners From Payroll

PTAD Wipes 21,227 Parastatals Pensioners From Payroll

January 31, 2021
Preferred PenCom Logo

PenCom Board Back-To-Work Pass, Gets Tick Over

May 4, 2025
Anchor MD Loses Father

Anchor MD Loses Father

2
Regulators Clear Guinea Insurance  For Private Placement

Regulators Clear Guinea Insurance For Private Placement

2
NAICOM Helmsman Thomas Leads African Insurance Supervisory Authorities

NAICOM Inaugurates Discount Rate Committee To Ease Insurance Contracts Under IFRS 17

2
Insurance Mastercard Joe Irukwu Passes On

Insurance Mastercard Joe Irukwu Passes On

2
AIICO Head office

Car Insurance Takes A New Turn With AIICO, ETAP ‘Redefine Partnership’

2
Authenticity Of Motor Policy, Technology Crowns Policyholders Verifying Partners

Authenticity Of Motor Policy, Technology Crowns Policyholders Verifying Partners

2
NAICOM Helmsman Thomas Leads African Insurance Supervisory Authorities

NAICOM Helmsman Thomas Leads African Insurance Supervisory Authorities

2
Ebere Nwoji Makes It Back To Back As 2023 Print Media Reporter

Ebere Nwoji Makes It Back To Back As 2023 Print Media Reporter

2
Loss Adjusters Receive Charge To Match Speed Of New Developments

Loss Adjusters Receive Charge To Match Speed Of New Developments

2
NAICOM Helmsman Thomas Leads African Insurance Supervisory Authorities

Federal Government & NAICOM Working On New Guidelines For Insuring Government Assets

2
Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

September 1, 2025
Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

September 1, 2025
SanlamAllianz, Leadway Others Hold IMT 4.0 High

SanlamAllianz, Leadway Others Hold IMT 4.0 High

August 30, 2025
PenOp

Jolted by Global Prevalence of Liver Disease PenOp Hosts Session on Damage, Prevention and Management

August 29, 2025
Preferred PenCom Logo

PenCom Expresses Concern Over Absence of Balanced Growth in Expansion of Micro Pension Plan

August 29, 2025
CAC Pledges Smooth Transition For 12Month Insurance Industry Recapitalization Timeline

CAC Pledges Smooth Transition For 12Month Insurance Industry Recapitalization Timeline

August 27, 2025
West Africa Insurance Market Prepares For Climate Change Risks at Upcoming Nigeria WAICA 2025 Education Confab

West Africa Insurance Market Prepares For Climate Change Risks at Upcoming Nigeria WAICA 2025 Education Confab

August 26, 2025
Buyer Power Grows Ahead of 2026 Reinsurance Renewals

Buyer Power Grows Ahead of 2026 Reinsurance Renewals

August 25, 2025
Financial Stability: Insurance Uniqueness Makes Contribution to Economy And Society Broad, Exceptional

Financial Stability: Insurance Uniqueness Makes Contribution to Economy And Society Broad, Exceptional

August 25, 2025
IMT 4.0 Conference Secures NIA Chairman Speaking Participation

IMT 4.0 Conference Secures NIA Chairman Speaking Participation

August 22, 2025
ADVERTISEMENT

Recent News

Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

September 1, 2025
Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

September 1, 2025
SanlamAllianz, Leadway Others Hold IMT 4.0 High

SanlamAllianz, Leadway Others Hold IMT 4.0 High

August 30, 2025
PenOp

Jolted by Global Prevalence of Liver Disease PenOp Hosts Session on Damage, Prevention and Management

August 29, 2025
Preferred PenCom Logo

PenCom Expresses Concern Over Absence of Balanced Growth in Expansion of Micro Pension Plan

August 29, 2025
CAC Pledges Smooth Transition For 12Month Insurance Industry Recapitalization Timeline

CAC Pledges Smooth Transition For 12Month Insurance Industry Recapitalization Timeline

August 27, 2025
West Africa Insurance Market Prepares For Climate Change Risks at Upcoming Nigeria WAICA 2025 Education Confab

West Africa Insurance Market Prepares For Climate Change Risks at Upcoming Nigeria WAICA 2025 Education Confab

August 26, 2025
Buyer Power Grows Ahead of 2026 Reinsurance Renewals

Buyer Power Grows Ahead of 2026 Reinsurance Renewals

August 25, 2025
Financial Stability: Insurance Uniqueness Makes Contribution to Economy And Society Broad, Exceptional

Financial Stability: Insurance Uniqueness Makes Contribution to Economy And Society Broad, Exceptional

August 25, 2025
IMT 4.0 Conference Secures NIA Chairman Speaking Participation

IMT 4.0 Conference Secures NIA Chairman Speaking Participation

August 22, 2025
NAICOM logo

NAICOM Launches Allcomers Enhanced Website For Transparency and Efficiency

August 21, 2025
NAICOM, Nigeria Police Swing Into Action Raid Suspects over Sale of Fake Motor Insurance Policies

NAICOM, Nigeria Police Swing Into Action Raid Suspects over Sale of Fake Motor Insurance Policies

August 20, 2025
NAICOM Driven Insurance Sector Reform Gets SEC Revolving Endorsement

NAICOM Driven Insurance Sector Reform Gets SEC Revolving Endorsement

August 19, 2025
PenCom DG, Kogi Governor Make Commitments to Improve Workers And Retirees Welfare

PenCom DG, Kogi Governor Make Commitments to Improve Workers And Retirees Welfare

August 18, 2025
NEM Insurance NEM Insurance NEM Insurance
Business Post

We connect brands with buyers and sellers of insurance, pension and also project insurance and allied Businesses to the trending generation. We help the various public to adapt to the constant changes as it would impact, and also enable advertisers to connect, engage and target opportunities on line , in print and in person.

Browse by Category

  • Business Unlimited
  • Feature
  • Insurance
  • News
  • OIL & ENERGY
  • Pension
  • Travel
  • Uncategorized

Recent News

Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

Leadway Group Nurtures 33 Young Talents to Transform Nigeria’s Tech Pool

September 1, 2025
Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

Fintechs Can Turn Challenges to Opportunities But Not Until They Upgrade Their Domain in Independent Silos To Connected Wallets – Economy Expert

September 1, 2025
  • About
  • Advertise
  • Privacy & Policy
  • Contact

© 2023 BusinessPost

No Result
View All Result
  • Home
  • Insurance
  • Business Unlimited
  • OIL & ENERGY
  • Feature
  • News
  • Contact Us
  • About
  • Advertise
  • Privacy & Policy

© 2023 BusinessPost

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In