Reeve v. Co-operators Insurance Company
Because the insurer complied with the statutory notification obligations in ss. 296 and 298 of the Insurance Act and there is no general common law duty to inform insureds of each potential claim, Smith was inapplicable and the summary judgment dismissing the appellant's claim was correct.
Source-derived case information.
- Citation
- 2013 ONCA 752
- Parties
- Appellant: Carol Reeve; Respondent: Co-operators Insurance Company; Respondent: Unique Chrysler
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 December 2013
- Procedural Posture
- Civil Appeal Insurance/disability Benefits / Appeal From Summary Judgment Dismissing Claim
- Outcome
- Appeal dismissed; summary judgment affirmed.
- Legal Topics
- Duty to Inform, Limitation Period, Statutory Interpretation, Summary Judgment, Insurance Policy Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carol Reeve
Appellant
Co-operators Insurance Company
Respondent
Unique Chrysler
Respondent
Procedural Posture
Civil Appeal Insurance/disability Benefits / Appeal From Summary Judgment Dismissing Claim
Legal Issues
- 1 Whether a group disability insurer owes a common law duty to inform an insured of each individual potential claim for benefits
- 2 Whether the limitation period for a disability claim is suspended until the insurer informs the insured of a potential claim
- 3 Whether Smith v. Co-operators Life General Insurance Co. applies outside s.71 of the Statutory Accident Benefits Schedule
Ratio Decidendi
Because the insurer complied with the statutory notification obligations in ss. 296 and 298 of the Insurance Act and there is no general common law duty to inform insureds of each potential claim, Smith was inapplicable and the summary judgment dismissing the appellant's claim was correct.
Court Disposition
Appeal dismissed; summary judgment affirmed.
Orders
- Appeal dismissed.
- Costs payable by the appellant to Co-operators Insurance Company fixed at $7,500 all inclusive.
Full Case Text
Judgment text and source record
1 paragraphs
Reeve v. Co-operators Insurance Company Collection Decisions of the Court of Appeal Date 2013-12-16 Neutral citation 2013 ONCA 752 Docket numbers C57425 Judges Juriansz, Russell G.; Hourigan, C. William; Benotto, Mary Lou Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Reeve v. Co-operators Insurance Company, 2013 ONCA 752 DATE: 20131216 DOCKET: C57425 Juriansz, Hourigan and Benotto JJ.A. BETWEEN Carol Reeve Plaintiff (Appellant) and Co-operators Insurance Company and Unique Chrysler Defendant (Respondent) Jane Poproski, for the appellant Donna M. Kraft, for the respondent Heard and endorsed orally: December 9, 2013 On appeal from the order of Justice Gerald E. Taylor of the Superior Court of Justice, dated March 31, 2013. ENDORSEMENT [1] Carol Reeve appeals the decision of Justice Taylor granting summary judgment and denying her claim as against Co-operators Insurance Company for disability benefits. [2] The appellant submits that the motion judge erred in failing to appreciate the “duty to inform” in insurance law. Specifically, she argues that Co-operators had a duty to inform her directly regarding a potential claim for benefits and that until such time as they have done so, the limitation period for a claim for such benefits does not begin to run. [3] We dismiss the appeal for the following reasons. [4] There is no common law duty on a group disability insurer to inform an insured of each individual potential claim for benefits in these circumstances. The decision in Smith v. Co-operators Life General Insurance Co., [2002] 2 S.C.R. 129 relied upon by the appellant in support of this proposition was made in the context of the specific language contained in s. 71 of the Statutory Accident Benefits Schedule. In the present case, the policy content and notification obligations of a disability insurer are set forth in ss. 296 and 298 of Part VII of the Insurance Act. The unchallenged evidence of the benefits’ administrator was that there was compliance with those provisions and the appellant does not dispute that the insurer is, in fact, in compliance. [5] The appeal is dismissed. [6] Costs are payable by the appellant to Co-operators and are fixed at $7,500 all inclusive. “Juriansz J.A.” “Hourigan J.A.” “M.L. Benotto J.A.”