What really happens when an insurer discovers a misrepresentation after a policy is issued or a claim is filed? What’s the impact if the insurer takes action before properly considering its rights?

This Risk Management Counsel of Canada (RMC) webinar examines three key risks currently shaping insurance coverage and litigation decisions across the country.

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Topics Covered

1. Misrepresentation or Concealment of the Facts at the Time of Application

What must an applicant disclose when applying for coverage, and what are the consequences of misrepresentation or concealment of the facts? Stein Monast’s Émilie Nadeau explores how Quebec’s Civil Code defines material misrepresentation, how courts assess the duty to disclose, and what factors allow an insurer to void a policy – even years after issuance. Zenah Hassan from Kelly Santini LLP provides a review of the major differences in handling misrepresentation between the Civil Code and Ontario’s Common Law.

2. Fraud during the Claim

From inflated losses to misleading statements, this session explores how courts are responding to fraud discovered during the claims process. CBM Lawyers’ Russell Mann delves into a recent decision in Alberta that emphasizes that province’s strict approach, and how materiality factors into the enforceability of the policy.

3. Preserving Rights After Discovery of a Misrepresentation

What happens when an insurer discovers a misrepresentation – then continues to act on the policy? Andrew Loewen from Fillmore Riley LLP explores how conduct such as renewing coverage or adjusting a claim may limit an insurer’s ability to later void the policy. Recent case law provides practical guidance on avoiding unintended waiver and preserving coverage defences.