In the recent decision of Nagy v. BCAA Insurance Corporation, 2020 BCCA 270, the B.C. Court of Appeal considered Statutory Condition 1 found under s. 29 of the Insurance Act, R.S.B.C. 2012, c. 1, which relates to misrepresentation by insureds. In particular, the Court addressed the issues:
(i) what is a misrepresentation, as compared to an omission?
(ii) does telling a half-truth to constitute a misrepresentation or an omission?
(iii) whose state of mind must be considered, when assessing whether something constituted a misrepresentation or a fraudulent omission?
It also sets out a fairly straightforward framework for anyone relying on or finding themselves subject to this Statutory Condition.
Click here to see Briefing Note.
Written By: Jordan A. Bank