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ARTICLE · 04 NOVEMBER 2020

Insurer successful in establishing fraudulent non-disclosure

Moray & Agnew
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In finding in favour of the insurer, the court found that the deceased's failure to disclose drug use was fraudulent.

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Catherine McAdam
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Ellen Ryan
Ellen Ryan
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Catriona Smith v OnePath Life Limited [2020] NSWSC 1185

Background

The proceeding relates to the plaintiff's claim for a death benefit on the life of Mr. Larcombe (the Deceased) under a policy of insurance issued by OnePath Life (OnePath) (the Policy).

On 30 October 2014, the Deceased applied for the Policy, and represented that he did not smoke (at least in the last 12 months) and had never used drugs. In response to the following questions contained in the application form, the Deceased answered 'no':

  • Question 3: During the last 12 months, have you smoked tobacco or any other substance?
  • Question 30: Do you take, or have you ever taken drugs or any medications on a regular or ongoing basis?

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