Insurer X issued Owen's policy on the terms he applied for and sent it to his agent for unconditional delivery. Owen had already paid the first premium with his application, and his health had not changed. Owen died in a car accident before the agent handed him the policy. What is the insurer's position?
When a policy issued on the terms applied for is sent to the insurer's agent for unconditional delivery, the Insurance Act deems it delivered to the insured, but not to the insured's prejudice. With the premium paid and no change in insurability, all the conditions for the contract to take effect are met, so the death benefit is payable. The physical handover by the agent is not required. Source: Insurance Act (BC), RSBC 2012, c. 1, s. 48(2) (current to 6 Oct 2026; as at 12 Oct 2026); the other common-law provinces' Insurance Acts have the same uniform provision.
Thinking the client must physically receive the policy even when the insurer has released it for unconditional delivery.
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