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No Duty on Insurers to Advise Insured of running Limitation Period

By Dentons Limitations Law Group
May 25, 2017
  • Discoverability
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​In Usanovic v. Penncorp Life Insurance Company, 2017 ONCA 395, the Court of Appeal for Ontario concluded that an insurer has no obligation to advise the insured about the running of a limitation period as part of its duty of good faith. The Court held that although the parties in an insurance contract owe one another a duty of good faith, it does not amount to a fiduciary duty – the insurer has no obligation to consider “the insured’s interests as paramount.”

While the legislatures of some provinces have imposed a statutory obligation to that effect (B.C. and Alberta), there is no such requirement in Ontario. Whether there should be is a matter for the legislature.

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The Limitations Law Blog contains summaries of the latest developments arising from appellate and lower court decisions on limitations law in Ontario. Subscribe today and be one of the first to receive our insights on recent limitations law developments in Ontario.

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