The applicants sought a declaration that their motor vehicle insurance policy with the respondent was valid, or alternatively, relief from forfeiture, after the respondent denied coverage following an accident involving the applicants' son.
The respondent had voided the policy because the applicants failed to disclose upon renewal that their son had obtained his G2 license and was living in the household.
The court found that the failure to disclose the son's G2 license was a material change in risk that breached the Insurance Act and Statutory Conditions, rendering the policy void.
The court also denied relief from forfeiture, holding that the failure to advise of a material change in risk constitutes non-compliance with a condition precedent, not imperfect compliance with a policy term.
