What is in issue in this case, however, is whether the alleged misrepresentations by the deceased in responding to the health question form are sufficient to prove civil fraud: that being that the representation was false, was knowingly made falsely, or without belief in its truth, or was made recklessly and carelessly as to whether it be true or false: see Derry v. Peek, [1886] 90 All E.R. 1.
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