Key legal question
Whether the insured breached the duty of disclosure by omitting prior POS/ADHS-related health issues in the 2001 health declaration.
Extracted holding
Yes. The omitted POS/ADHS-related limitations were material and should have been disclosed, given the claimant’s long medical and educational history and awareness of his impairments.
Extracted reasoning
The court held that the questions in the health declaration covered current health disorders, illness, and prior examinations/treatment. The claimant had long-standing, documented limitations affecting school and work, had been neuropsychologically assessed, and had even referred to ADS in an IV application. He could not in good faith treat the issues as insignificant or non-declarable.