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ARTICLE · 25 MARCH 2020

Material Withholding Renders Life Insurance Coverage Voidable

Borden Ladner Gervais LLP
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In Mohammad v. The Manufacturers Life Insurance Company, the Ontario Court of Appeal reversed the lower court's decision that coverage was voidable for want of material fact disclosure.

CanadaInsurance
Douglas Smith
Douglas Smith
Edona Vila
Edona Vila
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In Mohammad v. The Manufacturers Life Insurance Company, the Ontario Court of Appeal reversed the lower court's decision that coverage was voidable for want of material fact disclosure. The material fact at issue was involvement in a terrorist group activity. The Ontario Court of Appeal held that the failure to disclose this material fact was sufficient to render coverage voidable, even though there were no specific questions on the application, which would have required the applicant to disclose his involvement in such activity.

Facts

In 1968, while he was a member of the Popular Front for the Liberation of Palestine (PFLP), Mahmood Mohammad (Mohammad) stormed an El-AI civilian airliner and killed at least one person by throwing grenades and firing five rounds at the flight occupants. After his conviction, Mohammad was released from prison in 1970 as part of a hostage negotiation involving another PFLP takeover of another airliner. Mohammad moved to Lebanon and in

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