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Resetting the limitation clock

Thursday, August 20, 2015 @ 8:00 PM | By David Campbell

After a series of decisions in 2014 and 2015, it is now almost impossible to use a limitations defence in a claim for underinsured, uninsured or unidentified motor vehicle accident coverage. This is because these claims are now contractual, so the two-year limitations period no longer runs from the date of the accident. Rather, they run from the date the contract is breached.

Uninsured and unidentified coverage comes from s. 265 of the Insurance Act, while OPCF 44R provides both these coverages along with underinsured coverage....