Date: Thu, 30 Jan 2003 12:36:41 -0500
X-Message-Number: 15


These excerpts from the Ontario Insurance Act, R.S.O. 1990 might help, but
do not answer all your questions.

Proof of Claim

203. Where an insurer receives sufficient evidence of,

(a) the happening of the event upon which insurance money becomes payable;

(b) the age of the person whose life is insured;

(c) the right of the claimant to receive payment; and

(d) the name and age of the beneficiary, if there is a beneficiary,

it shall, within thirty days after receiving the evidence, pay the
insurance money to the person entitled thereto

Declaration as to sufficiency of proof

208. Where an insurer admits the validity of the insurance but does not
admit the sufficiency of the evidence required by section 203 and there is
no other question in issue except a question under section 209, the insurer
or the claimant may, before or after action is brought and upon at least
thirty days notice, apply to the court for a declaration as to the
sufficiency of the evidence furnished, and the court may make the
declaration or may direct what further evidence shall be furnished and on
the furnishing thereof may make the declaration or, in special
circumstances, may dispense with further evidence.

Declaration as to presumption of death

209. Where a claimant alleges that the person whose life is insured should
be presumed to be dead by reason of his or her not having been heard of for
seven years and there is no other question in issue except a question under
section 208, the insurer or the claimant may, before or after action is
brought and upon at least thirty days notice, apply to the court for a
declaration as to presumption of the death and the court may make the
declaration.