The plaintiff initiated an action seeking a declaration that the paid-up values in his life insurance policy, which significantly exceeded the face value, were correct and reflected an agreed-upon inflation protection.
The defendant, Manulife, contended that the policy's non-forfeiture table contained a clerical error, mistakenly stating "per $1,000" instead of "per $5,000" of face amount, and sought rectification.
The court found that the plaintiff never requested inflation protection, and the error in the policy was mutual and obvious.
The plaintiff's action was dismissed, and the court ordered the policy to be rectified to reflect the true agreement, changing "per $1,000" to "per $5,000" in the non-forfeiture table.