Acts and Regulations

I-12 - Insurance Act

Full text
Failure to disclose or misrepresentation by applicant or person whose life is to be insured
145(1)This section does not apply to a mis-statement of age or to disability insurance.
145(2)Subject to subsection (3), where a contract has been in effect for two years during the lifetime of the person whose life is insured, a failure to disclose, or a misrepresentation of, a fact required to be disclosed by section 144 does not, in the absence of fraud, render the contract voidable.
145(3)In the case of a contract of group insurance a failure to disclose or a misrepresentation of, such a fact in respect of a person whose life is insured under the contract does not render the contract voidable; but if evidence of insurability is specifically requested by the insurer the insurance in respect of that person is voidable by the insurer unless it has been in effect for two years during the lifetime of the person, in which event it is not, in the absence of fraud, voidable.
1968, c.6, s.145