Where a person is not a named insured on an automobile policy and that person operates a vehicle listed on that policy, the policy holder for the vehicle is not absolutely liable under section 258 of the Insurance Act, R.S.O. 1990, c. I.8, if that person is involved in a motor vehicle accident. Section 258 will not be engaged unless it is established that the operator of the vehicle was an insured under the policy. To be an insured under the policy, the operator of the vehicle must have been either a named insured or a person driving with the named insured’s consent at the time of the accident, and the vehicle being driven must have been owned by a named insured.

Brown v. Belair v. Wawanesa, [2014] O.J. No. 4638, October 2, 2014, Ontario Superior Court of Justice, S.E. Firestone J.

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The insurer’s failure to provide written notice of the applicable limitation period to the insured did not cause the limitation period for commencing an action to be waived or suspended on the bases of either promissory estoppel or the Fair Practices Regulation, Alta Reg 128/2001. However, section 5.3(2) of the Fair Practices Regulation, which requires insurers to provide claimants with written notice of the applicable limitation period within 60 days of becoming aware of a claim, is now in force. Consequently, insurers will be required to provide insureds with written notice of applicable limitation periods in claims brought after July 1, 2012.

Dhillon v. Anderson, [2014] A.J. No. 1110, October 3, 2014, Alberta Court of Queen's Bench, Master A.R. Robertson (in Chambers)

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Where one insurer is liable to indemnify another for statutory accident benefits, the statutory scheme creates a new and actionable statutory cause of action each time a proper request for indemnification is made and goes unsatisfied.  The insurer was liable to satisfy requests made within two years of the notice to arbitrate and any requests made after.

Economical Mutual Insurance Co. v. Zurich Insurance Co., [2014] O.J. No. 4166, September 2, 2014, Ontario Superior Court of Justice, T.R. Lederer J.

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Summary trial application by the insurer for an order that the bank's claim under a standard mortgage clause be dismissed because the bank failed to comply with the applicable limitation period. The court dismissed the insurer's application and granted leave to bring a further summary trial application after there had been document production and examinations for discovery. The court found that evidence on why the insurer did not pay the bank was required in order to make a determination of the issues.

Royal Bank of Canada v. Canadian Northern Shield Insurance Co. [2014] B.C.J. No. 1974, July 28, 2014, British Columbia Supreme Court, W.J. Harris J.

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Where an insurer refuses to make payment under a policy, the limitation period runs from the date the claimant first knew, or in the circumstances ought to have known, that the insurer refused to make payment under a contract of insurance, rather than from the date of the loss. The insured’s claim is not against the person responsible for the original loss, but against the insurer who is alleged to have breached the contract of insurance by wrongfully denying payment.

Aspen Village Properties Ltd. v. Saskatchewan Government Insurance [2014] S.J. No. 340, June 18, 2014, Saskatchewan Court of Queen's Bench, D.P. Ball J.

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An insurer was time barred from bringing a loss transfer claim against a second insurer by operation of the doctrine of laches.

Zurich Insurance Co. v. TD General Insurance Co., [2014] O.J. No. 2550, May 27, 2014, Ontario Superior Court of Justice, S.N. Lederman J.

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The principle that a claim for indemnification does not arise, and therefore does not trigger the running of the limitation period, until a request for indemnification is made does not apply if s. 18 of the Limitation Act also applies.

Old Republic Insurance Co. of Canada v. Aviva Canada Inc., [2014] O.J. No. 2580, May 28, 2014, Ontario Superior Court of Justice, S.N. Lederman J.

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Insurer's notice of termination of benefits under Statutory Accident Benefits Schedule was not properly given because procedure requirements not followed.

Roger v. Personal Insurance Co. of Canada, [2014] O.J. No. 1575, April 1, 2014, Ontario Superior Court of Justice, C.D. Aitken J.

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An insurer was not entitled to rely on a contractual limitation period shortening the statutory limitation period because the wording for when the limitation period commenced was not clear. The limitation period did not start to run until after the appeals process had been exhausted.

Kassburg v. Sun Life Assurance Co. of Canada, [2014] O.J. No. 1090, March 7, 2014, Ontario Superior Court of Justice, M.G. Ellies J.

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The Court of Appeal dismissed an appeal from an order holding that the two year limitation period for bringing a claim against one's own insurer under an underinsured motorist endorsement starts to run when the insured first makes a claim for compensation under the endorsement.

Schmitz (Litigation guardian of) v. Lombard General Insurance Co. of Canada, [2014] O.J. No. 531, February 4, 2014, Ontario Court of Appeal, A. Hoy A.C.J.O., E.A. Cronk and G.J. Epstein JJ.A.

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