What is the test for overriding the terms of a certificate?
Alberta, Canada
The following excerpt is from Alberta Treasury Branches v. Fulmek, 2004 ABQB 400 (CanLII):
It is generally accepted in the event of a discrepancy between the terms of the policy and the terms of a certificate, it is the terms of the policy which should prevail over the certificate. Where the certificate contains an express term that the policy will prevail, and there is a discrepancy in the nature of the benefit, the terms of the certificate must be overridden. D. Norwood & J.P. Weir, supra at 228. Mahn v. Canada Life Assurance Co., [1999] O.J. No. 4834 (Sup. Ct.) at paras. 21-27. CONCLUSION
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