Share on LinkedInShare on LinkedIn

ARTICLE · 31 MARCH 2014

Termination Clauses – Will Bhasin v. Hrynew Impact Insurance Contracts?

It will be interesting to see how, and to what degree, the outcome of Bhasin will impact the insurance industry.

CanadaInsurance
Corinne Petersen
Corinne Petersen
Carolyn Mah-Kabaroff (Student-At-Law)
Carolyn Mah-Kabaroff (Student-At-Law)

Termination of an insurance contract typically occurs in one of three circumstances: by natural expiry of the time period specified in the contract, by mutual agreement between insurer and insured, or by unilateral procedure of the insurer. The last of these circumstances may become contentious with an insured, especially when an insured has to find new coverage or experiences a subsequent loss.

Canadian courts have consistently found that either party to an insurance contract containing statutory conditions governing its termination may terminate coverage arbitrarily and without stated reasons, provided that the cancellation complies strictly within the terms of the condition. [See for example Confederation Lincoln Mercury Sales Ltd. v. Prudential Assurance Co. 1986 I.L.R. 1-2065]

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from