Report No. 112

3.5. The Problem.-

We may now restate the problems as follows:

(1) Where the insured dies within 2 years of the date when the policy comes into effect, should the insurer be allowed some time for investigation to enable the insurer to repudiate a claim after 2 years from the date of the policy without being under the obligation of satisfying the onerous conditions of section 45?

(2) Where the insured dies within 2 years of the date of the policy and the repudiation of a claim is also within that period, can the insurer rely on the doctrine of uberrima fides or should the insurer be allowed to repudiate only for material mis-representations?