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Failing to disclose prior drug use is not fraud.

Posted by on Mar 23, 2004 in Insurance, Legal Update, Manulife Cases | 0 comments

Failing to disclose prior drug use is not fraud.

On November 23, 2004, the BC Supreme Court found against Manulife Financial, and ordered it to pay death benefits to a widow, in Metcalfe v Manufacturers Life Insurance Company, 2004 BCSC 1526. An insured (“Mr. Metcalfe”), who died of a drug overdose, had purchased a life insurance policy seven years before his death. Although he did not disclose to the life insurance company that he had been in a drug treatment program for cocaine and heroin use three years before obtaining the policy, the life insurance policy was determined to...

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Manulife must pay death benefits and double costs.

Posted by on Mar 19, 2002 in Bad Faith, Insurance, Legal Update, Manulife Cases | 0 comments

Manulife must pay death benefits and double costs.

On March 19, 2002, the Alberta Court of Queen’s Bench ordered Manulife to pay benefits under an accidental death policy, and to pay double costs to the plaintiff in McCoy v Manulife, 2002 ABQB 298. The plaintiff’s brother, Ward McCoy, was covered through his employment by a policy of life insurance and accidental death insurance provided by Manufacturers Life Insurance Company. The plaintiff, Keith McCoy, was the beneficiary of the policy. The brother died on the 23rd of June, 1997. He had been drinking over a three-day period. Twelve...

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