The Court of Appeal, composed of Chief Justice Mark Chetcuti, Mr
Justice Joseph R Micallef and Mr Justice Tonio Mallia, on June 30,
2021 in the case "Ambrose Mackay, Jessica Eddelston Mackay,
and Doris Mackay vs Citadel Insurance plc" held, among other
things, that that had there been full disclosure of all material
facts, in particular, that its assured was inflicted by some
terminal illness, Citadel Insurance would not have proceeded with
the issuance of the life insurance policy. The insurance company
was deceitfully led to believe that its assured was in good
health.
The facts in this case were as follows:
The applicants, Ambrose Mackay, Jessica Mackay and Doris Mackay
were the heirs of Jesmond Mackay, who had passed away, at the age
of 45 years on 26 August 2008.
