The heirs of a man who tried to revive a life insurance policy after being diagnosed with tumours will not be receiving any compensation after a court ruled he had failed to declare his real state of health to the insurers, thus invalidating the policy.

The matter was decided by the First Hall of the Civil Court after John Polidano’s heirs sued Middlesea Valletta Life Assurance Company Limited.

Madam Justice Ann Felice heard that Mr Polidano replied in the affirmative to a specific question on whether he enjoyed good health just a week after he was diagnosed with tumours in his vocal chords and bronchi.

He applied for life insurance on January 31, 2001, and was subjected to a medical examination.

Asked if he enjoyed good health, he replied ‘Yes’

The insurer’s doctors submitted their reports and MiddleSea Insurance issued the policy in March on condition that premiums were paid every three months. Mr Polidano twice failed to pay the premiums on time and had to fill in forms to revive the policy.

He declared on two forms – filed on October 31, 2001, and on January 5, 2002 – that he had not consulted any doctor, person, hospital or any other institution concerning his health and that no circumstances existed that could affect the risk of insurance on his life.

Moreover, he replied “Yes” to the question “Have you enjoyed good health?”

However, it emerged that a week before, on October 23, 2001, Mr Polidano had been examined by Stephen Montefort regarding respiratory problems he was experiencing. Following CT scans, doctors found he had a tumour in his vocal chords and later found another “large” tumour in his bronchi.

Two days after the diagnosis, he began radiotherapy that lasted until December 21. Mr Polidano eventually passed away, on February 19, 2002.

After his death, his heirs chased MiddleSea Insurance for a payout but the insurer refused, with the matter ending up in court.

Madam Justice Felice pointed out that it was the duty of the insured to inform the underwriter of everything he knew “so that the contract may be entered into on an equal footing”.

The court noted that, according to the evidence heard and Mr Polidano’s medical history, he had applied to revive the insurance policy when he had already been diagnosed but had failed to declare it.

The judge thus ruled that this nullified the policy and, therefore, turned down the heirs’ requests and upheld the company’s decision not to issue any payment.