The Court of Appeal considers sufficient a question regarding an insured’s criminal record The Court of Appeal considers sufficient a question regarding an insured’s criminal record http://chad.ca/en/members/professional-practice/toolbox/previous-convictions/138/the-court-of-appeal-considers-sufficient-a-question-regarding-an-insureds-cLe libellé d’une question portant sur les antécédents criminels de l’assuré

This summary does not constitute a legal opinion. The information it contains may not reflect the current state of the law.

In February 2005, the Court of Appeal of Quebec rendered two decisions, on the same day, in two different cases where the insurer was claiming the voiding of the insurance contract because the insured failed to reveal his criminal record on the application. These two decisions largely modified the traditional position and approach of insurers concerning the omission of the policyholder regarding the disclosure of his criminal record, sometimes impressive and possibly related to criminal infractions such as fraud, robbery or concealment.

The Court of Appeal had then decided that if the insurers wished to know if a potential policyholder had a criminal record, they were to ask the question directly. Otherwise, the insured, acting as a normally provident insured, could consider his criminal record an irrelevant factor which needed not to be revealed to the underwriter or broker.

Many insurers, since these two decisions of the Court of Appeal, have been looking for a manner to obtain this information at the underwriting stage, by asking a question using a wording which should provoke a clear, complete and honest response from the normally provident insured…

8/14/2014 3:25:10 PMhttp://docs.chad.ca/SiteCollectionDocuments/2007-06-chadpresse-court-appeal-question-an.pdf