Disclosure of Mental Health (Insurance Contract)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-29
CLNP Page ID:	2326
Page Categories:	[Insurance Law]
Citation:	Disclosure of Mental Health (Insurance Contract), CLNP 2326, <https://rvt.link/a9>, retrieved on 2024-09-29
Editor:	Sharvey
Last Updated:	2023/12/07

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Insurance Act, R.S.O. 1990, c. I.8

185 Where an insurer fails to disclose or misrepresents a fact material to the insurance, the contract is voidable by the insured, but, in the absence of fraud, the contract is not by reason of such failure or misrepresentation voidable after the contract has been in effect for two years. R.S.O. 1990, c. I.8, s. 185.

...

291 (1) Despite any agreement, condition or stipulation to the contrary, but subject to a regulation made under paragraph 26.0.1 of subsection 121 (1), this Part applies to contracts made in Ontario on or after the 1st day of October, 1970. R.S.O. 1990, c. I.8, s. 291 (1); 2012, c. 8, Sched. 23, s. 34 (1).

(2) In the case of contracts made before and in effect on that day,

a) this section and sections 290, 292, 292.1, 293, 302, 305, 306, 307 and 311, and sections 313 to 329 of this Part apply; and

(b) sections 230, 231, 232, 233, 235, 242 and 245 of The Insurance Act, being chapter 190 of the Revised Statutes of Ontario, 1960, as it existed immediately before the 1st day of October, 1970, continue to apply. R.S.O. 1990, c. I.8, s. 291 (2); 2014, c. 7, Sched. 14, s. 5.

(3) This Part does not apply to,

(a) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;

(b) Repealed: 2012, c. 8, Sched. 23, s. 34 (2).

(c) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease, except as provided in the regulations; or

(d) insurance provided under section 265 or 268. R.S.O. 1990, c. I.8, s. 291 (3); 2002, c. 18, Sched. H, s. 4 (26, 27); 2012, c. 8, Sched. 23, s. 34 (2, 3).