An insurer's application for summary judgment was dismissed as the court could not determine the limitation period for a claim alleging bad faith.

Redden v. Manufacturers Life Insurance Co., [2013] N.B.J. No. 309, October 4, 2013, New Brunswick Court of Queen's Bench, P.C. Garnett J.

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The insured commenced an action to recover caregiver benefits, non-earner benefits, and additional damages under her motor vehicle liability policy which provided for statutory accident benefits over three years after the insurer refused to pay benefits. The limitation period was not extended by a mediation after the date of the insurer's refusal to pay, or a subsequent application for benefits. As a result, the insured's action was statute barred.

Blake v. Dominion of Canada General Insurance Co., [2013] O.J. No. 4413, September 30, 2013, Ontario Superior Court of Justice, A.C.R. Whitten J.

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Summary trial application by the beneficiaries of a life insurance policy for judgment against the insurer and broker. The insurer and broker also brought summary trial applications for a dismissal of the action. The Court granted the insurer's and broker's applications because the insured failed to disclose material information at the time of reinstatement. Accordingly, the insurer was justified in voiding the policy.

Branch v. Empire Life Insurance Co., [2013] B.C.J. NO. 1386, June 26, 2013, British Columbia Supreme Court, L.D. Russell J.

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One-year contractual limitation period was enforceable by insurer against insured in respect to coverage dispute.

Boyce v. Co-operators General Insurance Co., [2013] O.J. No. 2568, May 8, 2013, Ontario Court of Appeal, D.H. Doherty, E.A. Cronk and P.D. Lauwers JJ.A.

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Application by the insured for reimbursement of legal fees it incurred defending Human Rights Tribunal proceedings. The insured had a "claims made and reported" insurance policy,  and notice of all claims was required no later than 30 days after termination of the policy period. The renewal form completed by the insured for the following year mentioned the Human Rights Tribunal proceedings but a formal claim for coverage was not made until after the 30 day deadline. The insured's application was dismissed because no effective claim was made within the claim period.

Peel Law Assn. v. Royal & Sun Alliance Insurance Co. of Canada, [2013] O.J. No. 1844, April 24, 2013, Ontario Superior Court of Justice, M. Donohue J.

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An applicant sought an order that the respondent indemnify it for defence costs incurred in defending a slip and fall claim. The application was granted.

Georgian Downs Ltd. v. State Farm Fire and Casualty Co., [2013] O.J. No. 1719, April 15, 2013, Ontario Superior Court of Justice, G.M. Mulligan J.

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An insurer may be added as a defendant after the expiration of an applicable limitation period

Application to add insurer providing uninsured motorist coverage as defendant allowed after expiration of applicable limitation period.

Tomescu v. Sarhan, [2013] O.J. No. 1059, March 11, 2013, Ontario Superior Court of Justice, T.A. Bielby J.

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An insured who is not authorized by law to operate a motor vehicle may be entitled to uninsured automobile insurance under his or her policy

The defendant insurer sought dismissal of a claim for coverage under the uninsured automobile provisions of a policy. The claim had been denied on the basis the insured was in breach of the statutory conditions of the policy. The insurer brought a motion for summary dismissal and the motion was dismissed. The insurer appealed and the Court of Appeal upheld the motion decision, holding that the statutory conditions did not apply to uninsured automobile coverage. The Court of Appeal also held that the Limitation Act applied to a cross-claim brought by the Minister of Finance under the Motor Vehicle Accident Claims Act, but stayed the application to have the cross-claim dismissed.

Bruinsma v. Cresswell, [2013] O.J. No. 770, February 22, 2013, Ontario Court of Appeal, J.I. Laskin, H.S. LaForme and A. Hoy JJ.A.

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An insurer may have an obligation to defend a claim after it's limits have been exhausted

Application for a declaration that pursuant to the Insurance Act, R.S.O. 1990, c. 1.8 and Ontario’s Standard Automobile Policy (“SAP”) the insurer had no obligation to defend its insured against a claim after paying its policy limits to the plaintiff. The application was dismissed and the insurer was ordered to continue to bear the cost of defending the insured.

Jevco Insurance Co. v. Malaviya, [2013] O.J. No. 394, January 29, 2013, Ontario Superior Court of Justice, E.M. Morgan J.

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An insurer has 6 years to file a claim against an insured for reimbursement of proceeds

The application by an insured under a long term disability policy ("Catalano") to dismiss an action by the disability insurer ("Sun Life") seeking to recover insurance monies pursuant to a reimbursement agreement was dismissed where the Court held that the applicable limitation period was six years.

Sun Life Assurance Co. of Canada v. Catalano, [2012] B.C.J. No. 2566, November 28, 2012, British Columbia Supreme Court, J.E.D. Savage J.

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