Material Facts
Material facts are the pieces of information that are essential for an insurer to accurately assess risk and decide whether to approve an application, determine premiums, or apply exclusions. These facts include any details that could influence the insurer’s decision to issue coverage or the terms of that coverage. Examples include medical conditions, medications, family health history, lifestyle habits, and participation in hazardous activities.
How It Works
A fact is material when knowledge of it would cause a hypothetical reasonable insurer to either refuse the coverage or raise the premium the insured has to pay. Because an insurance contract is one of utmost good faith, the facts material to the risk are usually known fully only by the insured, so the insurer must rely on the insured's answers. That is why, when applying for health, life, or disability insurance, applicants are legally required to disclose all material facts truthfully and completely. The duty applies both at the formation of the contract and throughout its existence, including when an insured makes a material change to coverage. Where an applicant fails to disclose a material fact within their knowledge, the policy may be rendered voidable by the insurer, and if the insurer voids the policy it can treat it as if it had never been in force, provided it returns all premiums to the insured.
Example:
Suppose a Canadian applies for life or disability insurance and does not disclose a recent diagnosis of high blood pressure. That omission is a failure to disclose a material fact. If a claim later arises from a related condition within the contestability period, the insurer may deny the benefit or void the policy.
What to Watch For:
Pay close attention to timing. A two-year contestability provision lets an insurer rescind a life policy within the first two years on evidence of material misrepresentation alone, and even after two years it can rescind the policy or deny a claim where the failure to disclose was fraudulent and material to the risk. Because the standard is whether a reasonable insurer would have refused coverage or charged more, and because the facts material to the risk are usually known fully only by the insured, applicants are required to disclose every fact within their knowledge that is material to the insurance.



