Unnamed independent underwriting expert

The appellant appealed a trial judgment declaring his long-term disability insurance policy void for material non-disclosure.

On his insurance application, the appellant failed to disclose past medical complaints regarding his back and hip.

He subsequently became disabled from acute meningitis and sought benefits.

The Court of Appeal upheld the trial judge's finding that the omitted information was material, as it would have caused the insurer to issue the policy with exclusions for back and hip ailments.

The appeal was dismissed.