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Deceased failed to disclose material facts in claim against life insurer
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High Court dismisses plenary proceedings brought against life insurer arising from its failure to meet a claim on a life policy in the name of a deceased former partner of the plaintiff, on the grounds that: the deceased failed to disclose material facts which he was obliged to provide which related to his past drug and alcohol abuse and treatment at the time he applied for cover; and the insurer was not guilty of indolence in failing to seek medical records or review the deceased's replies prior to inception of the policy in circumstances where the deceased was provided with a declaration explaining the nature of the material facts to be disclosed at the time and there is no evidence that the deceased acted honestly when incorrect replies remained on his proposer form.
Duty to furnish material facts requested in an online questionnaire when applying for life policy and then the obligation to review replies prior to inception - duty of defendant life insurer to seek medical records and make enquiries of life assured - factual matrix which can be established - policy declaration signed by plaintiff and deceased regarding material facts on policy - murder of plaintiff's partner and subsequent claim made on foot of life policy - claim declined based upon non-disclosure of key material facts - historical use of drugs and abuse of alcohol together with deceased's underlying depression would have precluded defendant from offering life cover at material time - relevant questions to be determined - was deceased obliged to disclose facts of his drug and alcohol abuse and treatment - should Court allow plaintiff rely on her suggestion that bank official who completed online application for life cover with plaintiff did not ask the deceased for his reply to relevant questions where no mention of this allegation was made until the plaintiff gave evidence at trial - was the defendant or its agents guilty of culpable indolence, and if so, what are its effects - no evidence that defendant would have offered life cover to deceased if it has been alerted to material facts - deceased had obligation to correct replies given in online questionnaire even if he was not prompted or inclined to reveal those facts to bank official - defendant clearly relied upon the obligation to disclose material facts - any materially inaccurate answer given to a question on a proposal form must be judged by reference to knowledge of proposer with due regard to proposer's ability - nothing to lead Court to find deceased acted honestly when incorrect replies remained on form - claim dismissed
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