The applicant, beneficiary of his deceased father's life insurance policy, sought a declaration that the policy was valid and payable.
The respondent insurer refused the claim, alleging the deceased fraudulently misrepresented his criminal history on the application by denying any convictions in the preceding three years.
The court found the insurer failed to prove actual fraud on a balance of probabilities, as the evidence of the conviction date was unreliable and there was no proof of intent to deceive.
The policy was declared valid and binding.
