Reid Crowther & Partners Ltd. v. Simcoe & Erie General Insurance Co.

Reid Crowther & Partners Ltd. v. Simcoe & Erie General Insurance Co.

The policy was a hybrid and ambiguous; applying contra proferentum and construing coverage broadly in light of reasonable expectations, the Court held that the damages discovered in 1981 formed part of the original claim made during the policy period, and alternatively that the town's communications and videotaping constituted a claim communicated to the insured within the policy period, so coverage was triggered.

Citation
[1993] 1 SCR 252
Parties
Appellant (insurer): Simcoe & Erie General Insurance Company; Respondent (insured): Reid Crowther & Partners Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 January 1993
Procedural Posture
Civil Appeal (insurance Liability) / Appeal to the Supreme Court of Canada From the Manitoba Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Claims Made Policy, Occurrence Policy, Policy Interpretation, Contra Proferentum, Reasonable Expectations Doctrine, Notice of Claim
Source Language
English
Insurance Contract Law Civil Procedure Claims Made Policy Occurrence Policy Policy Interpretation Contra Proferentum Reasonable Expectations Doctrine +1 more

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Parties

Simcoe & Erie General Insurance Company

Appellant (insurer)

Reid Crowther & Partners Limited

Respondent (insured)

Procedural Posture

Civil Appeal (insurance Liability) / Appeal to the Supreme Court of Canada From the Manitoba Court of Appeal

Legal Issues

  1. 1 Whether successive claims for damages arising out of the same negligent act constitute a single claim under a claims-made/hybrid policy
  2. 2 If successive claims are separate, whether the second claim was made during the currency of the policy

Ratio Decidendi

The policy was a hybrid and ambiguous; applying contra proferentum and construing coverage broadly in light of reasonable expectations, the Court held that the damages discovered in 1981 formed part of the original claim made during the policy period, and alternatively that the town's communications and videotaping constituted a claim communicated to the insured within the policy period, so coverage was triggered.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs