The respondent's husband failed to pay premiums on a term life insurance policy, causing it to lapse before his death.
The respondent sought relief from forfeiture under section 98 of the Courts of Justice Act to recover the death benefit.
The applications judge granted the relief.
On appeal, the Court of Appeal held that section 98 is not available to revive a lapsed term life insurance policy, as the failure to pay premiums does not constitute a penalty or forfeiture, but rather a simple failure to pay for ongoing coverage.
The appeal was allowed and the application dismissed.
