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Coulter v Co-operators Life Insurance Company, 2013 ABCA 295 Areas of Law: Insurance; Equitable Defence; Trial by Jury ~Equitable defence of rescission arising from misrepresentation bar to trial by jury~ CLICK HERE TO ACCESS THE JUDGEMENT
BACKGROUND
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he deceased in this case had taken out a life insurance policy with the respondent, Co-operators Life Insurance Company, many years prior to his death. Less than two years before he died, the deceased decided to add extra coverage. The respondent paid out the full amount with interest under the main policy but denied paying the extra coverage on the basis that several details of the deceased’s written application for the additional coverage were false. As a result, the respondent argued it had elected to rescind the extra insurance and refund the applicable premium. The beneficiary sued under the policy and sought trial by jury under s. 17(1) of the Jury Act, R.S.A. 2000, c. J-3 (“Jury Act”). However, the respondent opposed, arguing that their defence, that the extra insurance had been obtained by misrepresentation, was equitable in nature and thus barred a jury. The Chambers judge agreed with the respondent and held that a jury was not permitted in this case.
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