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ARTICLE · 16 SEPTEMBER 2014

Loss Transfer Limitation Rolls Along

Miller Thomson
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The Superior Court has upheld an arbitrator's decision, finding that loss transfer is subject to a two-year rolling limitation period.

CanadaInsurance
Daniel Strigberger
Daniel Strigberger
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The Superior Court has upheld an arbitrator's decision, finding that loss transfer is subject to a two-year rolling limitation period.

In Economical v. Zurich, the claimant was driving a car and was involved in a motor vehicle accident with a dump truck. She applied to her insurer, Economical, for accident benefits. Economical responded and made payments to her. It then claimed loss transfer indemnification from Zurich, which insured the dump truck.

On November 8, 2005, Economical sent Zurich a Notice of Loss Transfer. On January 30, 2006, Economical forwarded a Loss Transfer Request for Indemnification to Zurich, claiming $27,516.12 less the $2,000 statutory deductible. On February 21, 2008, Economical served a second updated Request for Indemnification listing all payments to that date, totalling $119,898.14. A third Request for Indemnification was sent by Economical on April 17, 2008 in the amount of $127,172.22.

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