Misrepresentation in Life Insurance Applications — Legal Defenses


When a loved one passes away, families expect their life insurance to provide financial security. But "misrepresentation" is one of the most common reasons Alberta insurers **refuse** to pay legitimate life-insurance claims.
The alleged errors are often **minor, unintentional, or irrelevant** to the cause of death—yet insurers use these technicalities to delay or deny payment, leaving families struggling during an already difficult time.
As Alberta insurance lawyers, we know exactly how misrepresentation is handled—and most families are unaware of their **strong legal defenses**.
This article explains what constitutes misrepresentation, how insurers use it to deny claims, and how Alberta law provides **powerful legal defenses** that can overturn these denials.
This guide covers:
What Is a Life Insurance Claim?
A life-insurance claim is seeking payment of the **death benefit** after an insured person dies. Claims in Alberta fall under three main policy types:
Types of Life Insurance Policies:
How Insurers Investigate Misrepresentation
When a claim is filed, especially during the **two-year contestability period**, insurers launch detailed investigations:
Collecting Medical Records
Collecting **medical records** from all treating doctors and clinics.
Reviewing Pharmacy Databases
Reviewing pharmacy databases for undisclosed prescriptions.
Comparing Application Answers
Comparing application answers against clinical notes.
Interviewing Brokers
Interviewing the broker or financial advisor.
Analyzing Cause of Death
Analyzing **cause of death** to see if it relates to undisclosed conditions.
Even a small discrepancy can trigger a denial letter — but most investigations are one-sided and omit context.
How Lawyers Challenge Misrepresentation Denials
Experienced Alberta insurance lawyers use both legal and medical evidence to dismantle misrepresentation claims.
Review the Full Policy and Application
Identify ambiguity or procedural flaws.
Gather Medical Evidence
Show the omission was minor, unrelated, or misunderstood.
Obtain Expert Underwriting Opinions
Demonstrate the insurer would have issued coverage regardless.
Negotiate or Litigate
Push for reinstatement or full payment, plus interest.

Frequently Asked Questions
Conclusion
Insurers often use "misrepresentation" as a convenient reason to deny payment — even when the truth is that your loved one made an honest mistake. Alberta law protects families against that kind of overreach.
Only material, **intentional misstatements** can void a policy.
After **two years**, only proven fraud matters.
Ambiguities are interpreted **in favour of the insured**.
You have strong **legal defenses** and access to compensation for bad-faith conduct.
Still have questions? Contact us today for a free consultation.
Call or text us today for a free consultation. No fee unless we win.
