The plaintiff, Fadia Mohammad, sought summary judgment for payment of a life insurance death benefit following the death of her husband, Mahmoud Mohammad.
The defendant insurer, Manulife, denied the claim, alleging fraudulent misrepresentation by the deceased regarding his immigration status (by providing a Social Insurance Number, SIN) and his criminal past (non-disclosure) on the application form.
The court found that providing a SIN did not constitute a misrepresentation of immigration status.
Furthermore, the court held that there was no duty to disclose immigration status or criminal history because the insurer's application form did not ask questions to elicit this information, implying these facts were not material.
Even if material, the non-disclosure was not fraudulent.
The court emphasized that an insurer's failure to inquire about specific facts may indicate those facts are not material, and relying on non-disclosure in such circumstances can be contrary to the insurer's good faith duty.
The plaintiff's motion for summary judgment was granted, and the defendant's motion was dismissed.
