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ARTICLE · 23 SEPTEMBER 2019

Case Comment: Condo. Corp No. 0427067 v. Aviva Canada Inc., 2019 ABQB 678

A new decision from the Alberta Court of Queen's Bench provides a caution to insureds to double check the accuracy of a denial of coverage

CanadaInsurance

Introduction

A new decision from the Alberta Court of Queen's Bench provides a caution to insureds to double check the accuracy of a denial of coverage. Failure to investigate a denial made in error may mean a plaintiff is out of luck if it tries to bring a claim after the expiry of two years from the date of denial.

The Plaintiff Condominium Corporation (Condo Corp) brought a claim arising from the denial of a claim for water damage to a condominium known as the Palisades Park Villas in Edmonton (Property). In this case, the various insurers, who were subscribers to the Condo Corp's policy of insurance, applied for summary dismissal of the claim on the basis that it was brought after the limitation period expired.

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