Monday , July 4 2022

A new wife can not claim an ex-wife, the Supreme Court rules


The Canadian Supreme Court granted a $ 250,000 life insurance policy to the woman after her husband, after being removed as a beneficiary, though she paid for it.

CANADIAN PRESS / Sean Kilpatrick

The Canadian Supreme Court issued a $ 250,000 life insurance policy to the woman whose husband and wife had never said he was removed as a beneficiary, though he paid more than a decade after his divorce.

When her husband, Michelle Moore, separated her from Larry in 1999, she knew that she was "a kitchen table deal," because she did not have an unknown deal that did not pay her annual premium insurance premiums.

For 12 years, Michelle paid more than $ 500 a year, thinking about Larry's death for $ 250,000, for herself and for the three children.

But there was a scam. After separating, Larry's new wife moved to Risa Sweet, and immediately named her life as a beneficiary of insurance, without saying Michelle.

When Larry died in 2013, Michelle was surprised by the policy of the insurance company warned of the preferences paid to her, his divorce officially on behalf of her new husband's wife.

This led to a legal battle between two "innocent" parties, as the Supreme Court said, all the courts passed more than five years. Michelle Moore won her initial application, a lost appeals, and has now won in the country's court.

The effect is that the trusted money will go on its own.

"Laughing was enriched, Michelle was properly removed, and wealth and privilege had no legal grounds," says Suzanne Côté, Judge of the Court. It was a division decision with Justices Clément Gascon and dissident Malcolm Rowe.

Michelle and Larry Moore were married in 1979 and now have three children. She lives in the Michelle Mississauga family. She bought life insurance in 1985, named Michelle, but irrevocable.

They were distributed in December 1999 and remained informally agreed to keep premium payments and continue to be beneficiaries.

In accordance with the agreement signed in 2002, the oral agreement was not mentioned. But the start-up was that the agreement was genuine, legally binding, and enforceable. The policy was also intended to give Michelle and Moore children in the case of Larry's death.

It was distributed in December 1999. That same year, on Saturday, he met his new wife, Risa Sweet, 63 years ago, at the Donwood Institute, a sub-district treatment center in the Leaside neighborhood of Toronto. There, they would join other facilities in the Addiction and Mental Health Center.

"There is evidence of the breakdown of marriage between Moore with the problems of Mr. Moore's chronic pain and its problems with alcohol and excessive substance, and Mrs. Moore certainly created his financial irresponsibility and construction debts with debts owed", the decision of the Court of Ontario before the Court of Justice According to one. "It was a very difficult time, because the financial difficulty, which was a significant debt that Mr. Moore earns over 70,000 dollars, was declared a bankrupt in the early 2000s."

During that time, Larry Moore lost the driver's license and his work for medical reasons. In time, disability payments were under the protection of children.

With Sweet moved to 2000, they became a husband and a wife under the age of 13, who was maternal and financially cared for. She changed her life insurance policy in September 2000, and added Sweet, deprecating Michelle.

The Supreme Court found that Larry did not change surrealism. She made it through a broker who married a sister-in-law. But, more importantly, Michelle did not say. Every year, he pursued paying 507.50 € premiums until Larry died in 2013, without any significant assets.

Sweet argued that the policy was the same, as the contract said, and Moore was "trying to alleviate" the regime of Ontario's regime to regulate insurance.

"Mr. Moore did not want to pay rent or buy my medication, it could hardly happen when I was dead." I wanted to make sure I was living in the rest of the building that I have lived in for the past 40 years. And I wanted to worry and live without debt. "

Sweet is disabling with some chronic illnesses and can not take public transport, depending on their courts. Food is still buying and buying problems.

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