In 1999, John Jacks signed a long-term car lease agreement, which was assigned by the dealership to.

In 1999, John Jacks signed a long-term car lease agreement, which was assigned by the dealership to GMAC Leaseco. On the same day, Jacks contacted a representative of the Wawanesa Mutual Insurance Company to insure the vehicle. The representative asked Jacks a few questions related to driving. In particular, the representative asked Jacks how many accidents he had had in the previous six years, whether he had ever been convicted of impaired driving, and whether his driver’s license had ever been revoked or suspended. In 2002 Jacks had an accident and his car was destroyed. In response to his claim for compensation, Wawanesa conducted an investigation and discovered that the insured had been convicted of several crimes between 1980 and 1991 including break and enter, theft, possession of property obtained by crime, abetting in fraud, identity theft, fraud, and possession of drugs. Wawanesa refused to pay compensation on the basis that Jacks had failed in his duty to inform. What is the purpose of the insured’ duty to disclose? What is the content of the duty to disclose? Who has the onus of proving whether the duty to disclose has been fulfilled? Did Jacks fulfill the duty to disclose? Discuss

 

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