What is the change in risk in a personal injury policy?

British Columbia, Canada


The following excerpt is from Peebles v. The Wawanesa Mutual Insurance Company, 2012 BCSC 590 (CanLII):

The change in risk in Serban v. B.C.A.A. Insurance Co. was described in terms that bear some attention in the case at bar (at 7501): These factors and others clearly show ... that the son ... did not occupy the home ... as is required under the policy. I have no doubt whatsoever that had the insurers been advised of those circumstances, that they would either increase the premium, but more likely would have cancelled the insurance. The residence was for all purposes unoccupied throughout that year. At best, the occupation was temporary and periodic and I include the father and mother's attendance at that premise and taken it together, in my view does not amount to occupation as contemplated by the policy.

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