Does the fact that a question is asked in a contract form make the answer material?
British Columbia, Canada
The following excerpt is from Van Schilt v. Gore Mutual Insurance Co., 1988 CanLII 2974 (BC CA):
The law is clear that in contracts uberrimae fidei the fact that a question is asked in the form makes the answer material. There is also a duty on the applicant to use reasonable diligence to see that the answers are correctly written, and whether he read the form or not the law treats him as having adopted it: Biggar v. Rock Life Assur. Co., [1902] 1 K.B. 516.
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