Nagy v BCAA

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