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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What responsibilities does a municipal insurer have to assure

Customer Question

What responsibilities does a municipal insurer have to assure that the appraisal and settlement process undertaken in a liability claim does not exceed the relevant time period limitations specified in ontario law?.
In other words, can an insurer's rejection of a claim on the basis of exceeding a two year limitation period be challenged on the basis of 'dragging there feet"/acting in 'bad faith'?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Are you asking if you can sue after the two year limitation period has expired when you had been in settlement negotiations that dragged on so you didn't sue in time?
Customer: replied 1 year ago.
Sure ...
Expert:  Debra replied 1 year ago.
This question is asked a lot and unfortunately the answer is that unless you signed what is known as a "stand still" agreement where you the insurers and the city signed saying that the limitation period does not run during the time you are trying to settle and only starts running again when one of you says it does, you cannot get around a limitation period because you were trying to settle. So you had to start the claim by having it issued at the court on time even if you were trying to settle. I am sorry this is not the answer you were hoping for.

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