Appeal by the defendant with respect to, in part, whether a clause in the deceased's will which stated that he disinherited the defendant from "any and all beneficiaries lists" was a "declaration" under the Insurance Act sufficient to revoke the defendant's designation as a beneficiary under the deceased's life insurance policy. According to the court, the test for a "declaration" under the Insurance Act is not a stringent one, but the revocation of an insurance designation must be clear. The court held that since the clause in the will did not identify or adequately describe the particular life insurance policy to which the revocation applied, it did not meet the requirements of a "declaration" under the Act. As a result, the defendant remained a beneficiary to the deceased's life insurance policy despite the deceased's wishes to the contrary indicated in his will.

Bassi v. Bassi, [2013] B.C.J. No. 2170, October 3, 2013, British Columbia Court of Appeal, M.V. Newbury, D.F. Tysoe and C.E. Hinkson JJ.A.

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In Alberta there is no right to jury trial where defendant raises equitable defence.

Coulter v. Co-operators Life Insurance Co., [2013] A.J. No. 919, September 6, 2013, Alberta Court of Appeal, J.E.L. Côté, B.K. O'Ferrall and B.L. Veldhuis JJ.A.

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Summary trial application by the beneficiaries of a life insurance policy for judgment against the insurer and broker. The insurer and broker also brought summary trial applications for a dismissal of the action. The Court granted the insurer's and broker's applications because the insured failed to disclose material information at the time of reinstatement. Accordingly, the insurer was justified in voiding the policy.

Branch v. Empire Life Insurance Co., [2013] B.C.J. NO. 1386, June 26, 2013, British Columbia Supreme Court, L.D. Russell J.

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An appeal from a decision dismissing an action for accidental death benefits. The appeal was allowed.

McLean v. Canadian Premier Life Insurance Co, (Inc. No. A0033215) [2013] B.C.J. No. 1150, June 4, 2013, British Columbia Court of Appeal, L.S.G. Finch C.J.B.C., C.A. Ryan, K.E. Neilson JJ.A.

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An insurer who has complied with the express terms of the contract may still breach its duty of good faith and fair dealing

The Court of Appeal substantially allowed the appeal from a motion decision striking out numerous claims in a proposed class action relating to the sale and administration of four types of life insurance policies. The plaintiffs' claims for breach of duty of good faith and fair dealing and for deceit and fraud were not mere reiterations of the plaintiffs' claim for negligent and fraudulent misrepresentation and should be allowed to stand. Their claim for breach of contract was based on ambiguious terms in the contract and was likewise allowed to stand. A claim relating to settlement entered into by the defendant insurer was struck out on the basis that no relief was being claimed.

Kang v. Sun Life Assurance Co. of Canada, [2013] O.J. No. 768, February 25, 2013, Ontario Court of Appeal, J.I. Laskin, M. Rosenberg and S.T. Goudge JJ.A.

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When a policy lapses in accordance with the terms of an insurance contract, the contract dictates the future relationship between the parties

Where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence.

Khosah v. Canada Life Assurance Co., [2013] B.C.J. No. 99, January 11, 2013, British Columbia Court of Appeal, R.T.A. Low, D.M. Smith and A.W. MacKenzie JJ.A.

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An insurance policy may come into effect on the day that the premium is paid

A Mid-trial ruling about when a life insurance policy came into effect.

Pagliaroli v. Industrial Alliance Insurance and Financial Services Inc., [2012] O.J. No. 5801, December 3, 2012, Ontario Superior Court of Justice, S.E. Healey J.

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A declaration designating beneficiaries under a life insurance policy is effective from teh date of execution of the will not the date of death

A declaration in a will designating beneficiaries under a life insurance policy is effective from the date of execution of the will even though the will itself only "speaks from the date of death". If the will is revoked after execution, the beneficiary designation contained in the will is likewise revoked.

Petch v. Kuivila [2012] O.J. No. 5234, November 2, 2012, Ontario Superior Court of Justice, E.M. MacDonald J.

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A person's life insurance policy may be void where his or her death iarising from drug or alcohol use

An application by a widow for an order that a group creditor insurer pay her pursuant to a policy of insurance following her husband’s death. The application was dismissed.

Laird v. First Canadian Insurance Corp., [2012] N.B.J. No. 132, April 26, 2012, New Brunswick Court of Queen’s Bench, P.S. Glennie J.

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A person who kills his wife but is not convicted due to mental incompetency may be entitled to benefits under his wife's life insurance policy

Appeal by the beneficiary from the dismissal of his application for payment of the proceeds of the life insurance policy of his deceased ex-wife. The appeal was allowed and the court held that the public policy rule preventing a person from profiting from his or her own crime does not apply to a beneficiary who is found not criminally responsible on account of mental disorder.

Dhingra v. Dhingra Estate, [2012] O.J. No. 1757, April 24, 2012, Ontario Court of Appeal, M. Rosenberg, E.A. Cronk and D. Watt JJ.A.

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