British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

Mr. Darch set fire to his parents' home resulting in the total destruction of the premises. He was charged with arson but found "not criminally responsible" for the offence in the criminal proceedings. The home was insured by the defendant insurance company. The insureds submitted a proof of loss regarding the fire and were denied coverage on the basis that the loss was excluded under the policy. At issue was whether the intentional act exclusion in the insurance policy applied such that the defendant insurer was not required to compensate the plaintiffs for the losses. The court found that the exclusionary provisions applied and that the defendant insurer was not required to compensate the plaintiffs.

Darch Estate v. Farmers' Mutual Insurance Co. [2011] O.J. No. 2971, June 13, 2011, Ontario Superior Court of Justice, M.L. Lack J.

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Appeal by the insured from the dismissal of his action on the basis that the action was brought outside the one-year limitation period in the Insurance Act. The British Columbia Court of Appeal held that the trial judge erred in law in failing to apply the two-year limitation period contained in the policy and further that the policy limitation gave rise to a rolling limitation period.

Sander v. Sun Life Assurance Co. of Canada, [2011] B.C.J. No. 5, January 6, 2011, British Columbia Court of Appeal, L.S.G. Finch C.J.B.C., M.E. Saunders and K.E. Neilson JJ.A.

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