Is an insurance broker required to cross-examine their client as to the answers given on an application?
Ontario, Canada
The following excerpt is from Sholidis v. Economical Mutual Insurance Co., 2003 CanLII 3265 (ON SC):
Goodbrand v. Pearson Insurance Brokers, [2001] O.J. No. 1522 (Sp. Ct. Jus.) was a case where a policy of motor vehicle insurance was voided for misrepresentation. The question was whether the insurance broker asked all the questions on the application. On p. 4, Mossip, J. rather pithily stated: In my view the agent in this latter case is not a private detective who is required to cross-examine his own client as to the answers given on an application. The agent is merely a scribe or secretary of the insured in completing the application for insurance. Conclusion:
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