The appellant appealed the dismissal of his action for $100,000 in life insurance proceeds following the death of his common law spouse.
The trial judge found the insurer was entitled to avoid the policy due to material misrepresentations about the deceased's health.
The appellant argued the insurer was estopped from avoiding the policy because it continued to accept premiums.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the misrepresentations were material and that the insurer's actions did not amount to an estoppel.
