A change in your health between applying for life insurance and delivery of the policy can affect whether coverage takes effect in Ontario. A new diagnosis is not always necessary for an issue to arise. Symptoms, medical appointments and pending investigations may matter, depending on the application, policy and circumstances.

You apply for life insurance. While waiting for the policy, your doctor changes your medication, sends you for testing or refers you to a psychiatrist.

You may not think there is anything to report. You are still working. You have not received a diagnosis. Perhaps you have been told your symptoms are probably stress-related.

For people experiencing anxiety, depression, chronic fatigue, pain or other invisible symptoms, it is important to clarify what information the insurer requires before coverage begins.

Why Health Changes Before Life Insurance Starts Can Matter

Applying for life insurance and having coverage in force are not always the same thing.

Section 180(1) of Ontario’s Insurance Act sets out conditions for a life insurance contract to take effect, subject to contrary provisions in the application or policy. These include delivery, payment of the initial premium and no change in insurability between completion of the application and delivery.

“Insurability” concerns the risk the insurer is being asked to accept. Whether a particular health development changes that risk requires an assessment of the evidence.

An insurer may raise this issue years later, when a beneficiary makes a claim and the company reviews the medical records.

The dispute may concern whether the policy ever took effect, rather than whether an answer on the original application was incorrect.

For related information, read our article on when a life insurance company can void a policy in Ontario.

What Did the Ontario Court of Appeal Decide in Trebell?

In Trebell v. The Canada Life Assurance Company, 2026 ONCA 481, the insured experienced symptoms and underwent medical investigations between applying for life insurance and delivery of the policy. Cancer was diagnosed later.

After her death, Canada Life argued that a change in insurability had prevented the policy from taking effect.

The Ontario Court of Appeal held that the statutory two-year incontestability protection did not prevent the insurer from raising this argument under section 180(1)(c).

The court did not decide whether the medical developments actually amounted to a change in insurability. That factual issue remained unresolved.

The decision does not mean every new symptom invalidates life insurance. It does mean that paying premiums for more than two years may not resolve every dispute about whether coverage began.

Does the Two-Year Incontestability Rule Protect Every Life Insurance Claim?

No. The insurer’s reason for denying the claim matters.

The statutory incontestability protection generally limits challenges based on application misrepresentation or non-disclosure after the contract has been in effect for two years during the insured person’s lifetime, subject to exceptions including fraud.

Trebell addressed a different question: whether a change in insurability before delivery prevented the contract from taking effect at all.

A beneficiary should therefore obtain advice about the precise legal basis for the denial.

Our article on life insurance misrepresentation in Ontario explains why the wording of the application and the significance of the information require careful review.

What About Anxiety, Depression and Other Invisible Conditions?

A person does not always know what their symptoms mean when they apply for insurance.

You might seek help for worsening anxiety, begin counselling, receive a medication adjustment or be referred for a psychiatric assessment. Someone experiencing fatigue, dizziness or cognitive difficulties may be waiting months for specialist investigations.

None of these developments automatically establishes that insurance is invalid.

However, questions or declarations may address symptoms, treatment, consultations and pending investigations, rather than diagnoses alone.

For example, a question about specialist referrals may require information about an upcoming appointment even though the specialist has not yet diagnosed anything.

The fact that you remain employed does not necessarily resolve a disclosure question, either.

Continue obtaining the care you need. If you are uncertain about an insurance question, seek clarification rather than postponing treatment or guessing at the answer.

Our invisible disabilities page discusses conditions whose effects may be significant even when symptoms are not immediately apparent to others.

How to Protect Yourself While Your Application Is Pending

Before signing a declaration that your health has not changed, read the wording carefully.

If there have been new symptoms, appointments, medication changes or investigations:

• Describe the developments accurately in writing, including relevant dates.
• Ask the insurer whether further information is required.
• Request written confirmation of whether coverage is in force and any outstanding conditions.
• Keep copies of your application, declarations and communications.
• Obtain advice if you do not understand the response or the declaration you are being asked to sign.

A broker can help communicate information, but keep a record of what was disclosed and any response from the insurer. Do not assume an informal reassurance resolves the policy’s legal requirements.

Be Careful When Replacing Existing Life Insurance

A new policy may offer lower premiums or different coverage. Before cancelling existing insurance, confirm how the replacement will affect your protection.

Ask when the new coverage takes effect, whether any conditions remain outstanding and what new exclusions or contestability provisions apply.

Issuing a policy document does not necessarily answer every question about coverage.

This deserves particular attention if your health has changed and obtaining replacement insurance could be difficult.

What Should You Do If the Insurer Denies a Claim?

Ask for a written explanation identifying the policy provisions, statutory provisions and medical facts relied on.

Preserve the application, policy, delivery documents, broker correspondence and relevant medical chronology.

An insurer’s statement that coverage “never took effect” is its position. Whether that position is supported requires legal and factual review.

Mulqueen Disability Law assists beneficiaries with denied LTD insurance claims in Ontario.

Does Trebell Apply to Long-Term Disability Insurance?

Trebell concerned life insurance. It should not be assumed to determine coverage under every individual or group long-term disability policy.

An LTD dispute may concern a pre-existing condition exclusion, application disclosure, eligibility or the definition of disability. Different provisions and statutory rules may apply.

If your insurer raises a coverage issue, have the actual policy and denial reviewed.

Frequently Asked Questions About Health Changes and Life Insurance in Ontario

Do I need to report new symptoms before my life insurance policy is delivered?

Review the application and any health declaration carefully. New symptoms or medical developments may be relevant even without a diagnosis. Describe the change accurately and ask the insurer what further information it requires.

Does a new prescription automatically invalidate life insurance?

No. A prescription change does not automatically establish a change in insurability or invalidate coverage. Its significance depends on the medical circumstances, timing, application and policy.

What if I am waiting to see a psychiatrist or another specialist?

A pending referral or investigation may be relevant if the questions or declarations address it. You may need to disclose the referral even though no diagnosis has been made.

Do I have to disclose symptoms if I am still working?

Continuing to work does not determine what an insurance application requires. Questions about symptoms, consultations or investigations should be answered accurately regardless of employment status.

Can an insurer deny a life insurance claim after accepting premiums for years?

It may attempt to do so, but accepting premiums does not settle every coverage dispute. In Trebell, the Court of Appeal allowed the insurer to raise a pre-delivery change-in-insurability argument despite the passage of more than two years. Whether the argument succeeds still depends on the evidence and applicable terms.

Does Trebell mean every health change prevents coverage?

No. The court did not decide that the health developments in that case amounted to a change in insurability. A new symptom, appointment or referral requires assessment in context.

What if I told my broker about the change?

Keep the emails, notes and other records showing what you reported and when. Whether disclosure to the broker satisfied the applicable requirements depends on the circumstances, including the broker’s role and authority.

Should I cancel my existing policy once a replacement policy is issued?

Obtain advice before cancelling. Confirm the replacement’s effective date, outstanding conditions and relevant exclusions or contestability provisions. Avoid assuming that issuance alone resolves every coverage question.

Contact Us for a Free Consultation

If a life insurance claim has been denied because of medical information, an alleged failure to disclose or a claimed change in insurability, contact Mulqueen Disability Law for a free consultation.

We can review the insurer’s position and help you understand your options. We assist clients in Markham, Toronto and throughout Ontario, including through virtual consultations.

Mulqueen Disability Law represents clients in insurance disputes, with a particular focus on mental health and other invisible conditions. Our trauma-informed approach recognizes the pressures that illness and an insurance denial place on individuals and families.

This article provides general information about Ontario insurance law, not legal advice. Reading it does not create a solicitor-client relationship. Coverage depends on the application, issued policy, applicable law and individual circumstances. Obtain legal advice about your particular situation.