In this judgment (dealt with here on material non-disclosure) the second material issue dealt with by the court was whether the insured truthfully represented his medical conditions in relation to his continued ability to work.

The insurer alleged that the insured did not tell either the insurer or the examining doctor that he could perform

In this judgment, the insured had two life policies with the insurer, which included life cover, severe illness benefits, and income continuation benefits.

The insured amended the policies a number of times, but on none of these occasions did the insured disclose that he had been diagnosed with and treated for clinical depression. 


According to a recent report, growth in the life insurance market globally has lagged behind the banking and manufacturing sectors and insurers are losing share to industry players not traditionally involved in life insurance. For example, asset management is being done by third party capital providers, marketing is being taken over by search engines like

An insurer who wants to avoid a policy must prove a material non-disclosure by the insured on a balance of probabilities.

That is normally done by way of leading oral evidence and the process of cross-examination. It is unusual, although not unheard of, for oral evidence to be dispensed with and questions of non-disclosure to