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ARTICLE · 24 MAY 2017

Misrepresentation Must Be Material And Not Based On Mere Speculation

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This case involved an insurance claim that was denied based on an alleged misrepresentation in its application for insurance coverage related to the Uniform Conditions of Carriage and the existence of a "standard" Bill of Lading.

CanadaInsurance
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Co-author: Meagan Patry

This case involved an insurance claim that was denied based on an alleged misrepresentation in its application for insurance coverage related to the Uniform Conditions of Carriage and the existence of a "standard" Bill of Lading.

This case involved an appeal by C.H. Robinson Worldwide Inc. ("Robinson") for the dismissal of its application brought pursuant to s. 132 of the Insurance Act, R.S.O. 1990 c. I.8 for insurance coverage by Northbridge Commercial Insurance Corporation ("Northbridge"). The appeal was allowed because Northbridge failed to meet its evidentiary burden of proof that KLM Carrier ("KLM") made a misrepresentation in its application for insurance coverage.

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