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Robert and Lilian jointly purchased a home with two separate apartments as an investment and dwelling for each of them. They each occupied one of
Robert and Lilian jointly purchased a home with two separate apartments as an investment and dwelling for each of them. They each occupied one of the apartments and paid equally for the purchase and the upkeep of the house. An insurance policy was issued in both of their names for building, contents, and personal liability. Nine months after the purchase, Lillian lost her job and could not afford to continue half of the payments. Robert agreed to buy Lillian's part of the house and allowed her to continue living there for two months rent-free. Once Lillian was working again, she began to pay rent to Robert. Using the same scenario above, respond to the following developments in terms of the Statutory Conditions contained in every policy as outline by the Insurance Act: a) One month after the purchase, Robert added another suite in the basement and rented it out to make some extra money. The tenant in the basement was cooking and caused a fire to the home. Could the insurer decline the claim based on a Statutory Condition? If so, which one was breached? b) When Robert and Lillian applied for the insurance policy, they signed the application with their broker advising that there was a burglar alarm system in the home, but it was found out when they were broken into, that there was indeed no such system installed. Could the insurer decline the theft claim based on a Statutory Condition? If so, which one was breached? c) Eight months after the policy was in force, Robert decided to sell the property and move to Kelowna, BC to be with his mom who is ill and requires assistance. Explain what is required from Robert and how the termination process will apply according to the Statutory Condition contained in his policy
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