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ARTICLE · 14 NOVEMBER 2024

BC Court Finds Against Insured For Misrepresentation

Miller Thomson
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Media West Zny Inc. v Insurance Corporation of British Columbia, 2024 BCSC 625, clarifies the law on material misrepresentations in the context of insurance contracts.

CanadaInsurance
Karen Weslowski
Karen Weslowski
Lara Jung
Lara Jung
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Introduction

Media West Zny Inc. v Insurance Corporation of British Columbia, 2024 BCSC 625, clarifies the law on material misrepresentations in the context of insurance contracts. The decision highlights that, while a plaintiff's lack of credibility or reliability alone may not justify dismissal of their claim for coverage, failure to present evidence substantiating the alleged misrepresentation as factually accurate can be fatal to their case.

Background

When applying to insure two newly leased pickup trucks (the "Trucks"), Mr. Zouaoui represented to ICBC that they would be used for his paper delivery business, Media West Zny Inc.("Media West"). When not in use for deliveries, Mr. Zouaoui left the Trucks on a parking pad owned by an acquaintance, Mr. Rao. On March 28, 2022, while visiting his brother in Montreal, Mr. Zouaoui received a call from the police notifying him that one of the Trucks had been burned. Three days later, he received a second call from

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