Applicant entitled to only half of death benefits due to deceased's valid prior foreign marriage.
The applicant sought full death benefits and an additional dependant benefit following the death of her common-law spouse in a motor vehicle accident.
The insurer paid only half the death benefit, arguing the deceased was legally married to another woman in China in 1941.
The arbitrator found that a valid traditional Chinese marriage had occurred, meaning the deceased had two spouses at the time of the accident, and the applicant was therefore only entitled to half the death benefit.
The arbitrator also dismissed the claim for the dependant benefit, finding the applicant was not principally dependent on the deceased for financial support.
However, the insurer was ordered to pay statutory interest on the overdue benefit payments.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 27, 1999
