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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...