Can an insurer refuse to compensate an insured on the grounds that the contract is void?
New Brunswick, Canada
The following excerpt is from Violette v Wawanesa Mutual Insurance Company, 2012 NBQB 47 (CanLII):
When an insurer refuses to compensate an insured on the grounds that the contract is void, he has the onus of proving that there has been a change material to the risk: Johnson v. British Canadian Ins. Co., 1932 CanLII 64 (SCC), [1932] S.C.R. 680.
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