Tan Yi Lin Cheryl v AIA Singapore: Non-Disclosure & Misrepresentation in Life Insurance Claim
In the High Court of Singapore, Cheryl Tan Yi Lin, as the executrix of her deceased husband Cheong Wai Ming Edmund's estate, sued AIA Singapore Pte Ltd for $1 million under a life insurance policy. AIA voided the policy due to the Insured's failure to disclose previous and pending life insurance applications. Justice Chua Lee Ming dismissed Tan's claim, finding that the Insured had fraudulently misrepresented and failed to disclose material facts, entitling AIA to void the policy. The plaintiff has appealed against the decision.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Judgment for Defendant
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Cheryl Tan sued AIA for life insurance payout. Court found the deceased fraudulently misrepresented insurance applications, voiding the policy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheryl Tan Yi Lin | Plaintiff | Individual | Claim Dismissed | Lost | Tan Yew Fai of Y F Tan & Co |
| AIA Singapore Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Yew Fai | Y F Tan & Co |
| Tan Teck San Kelvin | Drew & Napier LLC |
| Chng Teck Kian Desmond | Zhuang Deqiang |
4. Facts
- The Insured failed to disclose previous and pending life insurance applications to AIA.
- The Insured made three previous applications for life insurance within six weeks of applying to AIA.
- Between submitting the application and the policy issuance, the Insured applied for three more life insurance policies.
- The plaintiff claimed the Insured informed AIA's agent of the other policies, but the court rejected this.
- The plaintiff challenged the authenticity of emails from AIA's agent but did not allow a full forensic examination.
- The plaintiff lied in the Death Claim Form about the Insured having other insurance policies.
- The Insured's misrepresentations were found to be deliberate and fraudulent.
5. Formal Citations
- Tan Yi Lin Cheryl v AIA Singapore Pte Ltd, Suit No 584 of 2019, [2021] SGHC 130
6. Timeline
| Date | Event |
|---|---|
| Plaintiff joined AIA Singapore as an insurance agent. | |
| Insured joined AIA Singapore as an insurance agent. | |
| Plaintiff left AIA Singapore. | |
| Plaintiff and Insured were married. | |
| Plaintiff joined Prudential as an insurance agent. | |
| Plaintiff left Prudential. | |
| Plaintiff and Insured's son was born. | |
| Insured applied to Prudential for life insurance. | |
| Prudential issued a life insurance policy to the Insured. | |
| Insured applied to Prudential for life insurance. | |
| Insured applied to Aviva for life insurance. | |
| Insured submitted application form for life insurance to AIA Singapore. | |
| Insured applied to Manulife for life insurance. | |
| Insured applied to Great Eastern for life insurance. | |
| Prudential issued a life insurance policy to the Insured. | |
| Insured applied to AXA Insurance for life insurance. | |
| Insured agreed to reduce the assured sum with Manulife. | |
| Aviva issued a life insurance policy to the Insured. | |
| AXA issued a life insurance policy to the Insured. | |
| Manulife issued a life insurance policy to the Insured. | |
| AIA Singapore issued the Policy to the Insured. | |
| Great Eastern issued a life insurance policy to the Insured. | |
| Insured died in Australia. | |
| Plaintiff made a claim under the Policy. | |
| Grant of Probate was issued. | |
| Crawford & Company International Pte Ltd issued a preliminary report. | |
| AIA Singapore informed the plaintiff that the Policy was null and void. | |
| Crawford & Company International Pte Ltd issued a final report. | |
| Plaintiff commenced the action. | |
| Trial began. | |
| Trial concluded. | |
| Further arguments heard. | |
| Judgment was delivered. |
7. Legal Issues
- Fraudulent Misrepresentation
- Outcome: The court found that the Insured had fraudulently misrepresented and/or failed to disclose material facts.
- Category: Substantive
- Sub-Issues:
- Deliberate false statements
- Knowledge of falsity
- Non-disclosure of Material Facts
- Outcome: The court found that the Insured had fraudulently misrepresented and/or failed to disclose material facts.
- Category: Substantive
- Sub-Issues:
- Failure to disclose previous insurance applications
- Failure to disclose pending insurance applications
- Continuing Duty of Disclosure
- Outcome: The court held that the Insured was under a continuing obligation to disclose material facts until the policy was issued.
- Category: Substantive
- Waiver of Rights
- Outcome: The court rejected the plaintiff's argument that the defendant had waived its rights.
- Category: Substantive
- Inducement by Misrepresentation
- Outcome: The court accepted the defendant's evidence that it was induced by the misrepresentations and would have rejected the application had it known the truth.
- Category: Substantive
8. Remedies Sought
- Payment of $1 million under a life insurance policy
9. Cause of Actions
- Breach of Contract
- Fraudulent Misrepresentation
- Non-disclosure
10. Practice Areas
- Insurance Litigation
- Commercial Litigation
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| National Employers’ Mutual General Insurance Association Ltd v Globe Trawlers Pte Ltd | Court of Appeal | Yes | [1991] 1 SLR(R) 550 | Singapore | Cited for the principle that an insurance agent completing an application form acts as the agent of the insured. |
| Foodco UK LLP v Henry Boot Developments Ltd | High Court of Justice | Yes | [2010] EWHC 358 (Ch) | England and Wales | Cited for the principle that a representation is generally treated as continuing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insurance Act (Cap 142, 2002 Rev Ed) | Singapore |
| s 49L(2) of the Insurance Act (Cap 142, 2002 Rev Ed) | Singapore |
| Section 25(5) of the Insurance Act | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 94 of the Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Life Insurance Policy
- Non-disclosure
- Misrepresentation
- Material Fact
- Utmost Good Faith
- Continuing Disclosure
- Fraudulent Misrepresentation
- Per Life Limit
- Underwriting Guidelines
- Basis Clause
- Incontestability Clause
15.2 Keywords
- Insurance Claim
- Non-disclosure
- Misrepresentation
- Life Insurance
- Singapore
- AIA
- Fraud
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Insurance | 90 |
| Fraud and Deceit | 85 |
| Misrepresentation | 80 |
| Non-disclosure | 75 |
| Breach of Contract | 70 |
| General Principles | 65 |
| Contract Law | 60 |
16. Subjects
- Insurance
- Contract
- Civil Litigation