Court of Queen’s Bench Clarifies Limitation Period in a Fire Loss Claim
October 2, 2015
Richard Morris, QC of McKercher LLP acted for the successful applicant in a decision clarifying when the limitation period begins to run in Aspen Village Properties Ltd. v. Saskatchewan Government Insurance 2014 SKQB 180. In that application, the question to be decided was whether the owner of a property damaged by fire was required to launch a lawsuit enforcing the fire insurance policy within two years of the fire or two years of the insurer denying coverage. The Court held that the two-year limitation period applicable to launching the lawsuit will begin to run when the insured party knew, or in the circumstances ought to have known, that the insurer refused to make payment under the contract of insurance. In that case, the limitation period began to run when the insurer notified the insured that no further payments would be made on the policy. This decision has implications for insurers and insurance policy holders, as both parties will need to pay close attention to the specific dates that coverage for a given loss is either approved or refused. In all cases, legal advice should be obtained to ensure that parties to insurance contracts are aware of the limitation period applicable to their claims. McKercher LLP has a long history of assisting insurers, and occasionally insurance policy holders, regarding their rights under insurance contracts. Members of our insurance practice group are available to assist on these often fact-specific and complex issues whenever they arise. About the author: Dean is an associate in the Saskatoon office where he focuses on the areas of insurance law, health law, class action defence, and construction law. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.



