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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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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