Wednesday, April 29, 2009

Even Insurance Companies Bound By Limitation Periods

We commonly post about limitation periods - the legal time limits to be able to take legal action. If you are involved in a motor vehicle or other personal injury incident, you can be sure that the insurance company will look to dismiss your claim if you miss the applicable time limit. Once in a while, we do get word of the insurance company falling victim to these time limits.

In Lombard Canada v. Royal Sun Alliance, a passenger was injured in a motor vehicle accident. A claim was made for accident benefits to Lombard, being the insurer for the vehicle \ driver. Lombard denied the claim, but took no steps to determine if there was any other insurer responsible for coverage and to take priority. Only later did Lombard discover the existence of another insurer that could respond to the claim, but Lombard did not put the second insurer on notice of this within the legislated 90 day time limit. Accordingly, Lombard was held solely responsible for the claim to the passenger as they missed the time period against the other insurer. If you have suffered serious personal injuries, contact Todd K. Plant for a free consultation at 613-563-1131. Plant Quinn Thiele LLP, Personal Injury Lawyers, www.pqtlaw.com

No comments:

Post a Comment