1 Mar 2007
LAM CHARN YUNG v. AXA CHINA REGION INSURANCE CO (BERMUDA) LTD
- Citation
- LAM CHARN YUNG v. AXA CHINA REGION INSURANCE CO (BERMUDA) LTD
- Court
- District Court
- Case number
- DCCJ1522/2004
The plaintiff's failure to disclose known breast-related symptoms and FPA findings/advice (including mild tenderness, uncertain presence of a lump, advice to recheck and recommendation for mammogram which she refused) amounted to material non-disclosure and misrepresentation which would have influenced a prudent insurer's decision and induced issuance of the policy; accordingly the insurer validly avoided/rescinded the policy and the plaintiff's claim for the critical illness benefit fails.