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Disability Insurance – False Declarations by the Insured in the Proposal – Cancellation of the Insurance Policy by the Insurer – Cashing the Reimbursement Cheque for Premiums Paid Voids the Claim

September 11, 2017

Poulin v. Humania Assurances inc., [2017] QCCQ 4227

Ms. Sophie Poulin (“Poulin”) claimed $15,000 in disability insurance benefits from her insurer, Humania Assurances inc. (“Humania”).

The Facts

On November 5, 2013, Poulin completed an insurance proposal with a broker authorized to offer Humania products. The 17th question of the proposal reads as follows: “Over the last two years, have you received treatment or gone through therapy or were you prescribed or have you taken prescription medicine other than antibiotics for any health concerns whatsoever?”

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