Hana completed an application for $400,000 of term life insurance on 2 June and paid nothing with it. The policy was issued on the terms she applied for and mailed to her agent on 20 June. Before the agent delivered it, Hana was diagnosed with a serious heart condition. The agent then delivered the policy and collected the first premium. Is the contract in force?
Unless the application or policy says otherwise, a life contract takes effect only when the policy is delivered, the first premium is paid and there has been no change in the insurability of the life insured between completing the application and delivery. Hana's diagnosis is a change in insurability, so the delivery and payment do not put the contract in force. Collecting the premium does not cure the change; the agent should not have delivered the policy. Source: Insurance Act (BC), RSBC 2012, c. 1, s. 48(1) (current to 6 Oct 2026; as at 12 Oct 2026); the other common-law provinces' Insurance Acts have the same uniform provision.
Treating delivery plus premium as enough, and forgetting the third condition: no change in insurability.
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