Summary

Keywords

Insurance — Respondent injured in motor vehicle accident — Respondent settling claim against other driver and claiming balance of damages from own insurer, pursuant to underinsured motorist protection coverage (endorsement OPCF 44R) included in policy — Superior Court dismissing insurer’s motion for summary judgment — Court of Appeal dismissing insurer’s appeal — When does limitation period start to run for first party claim for OPCF 44R insurance coverage? — What is proper test to be used uniformly across Canada for determining when limitation period is triggered pursuant to policy of insurance? — Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4, 5.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The respondent, Lynn Schroeder, was injured in an automobile accident. Ms. Schroeder settled her claim against the at-fault driver for the full amount of his insurance policy limits. Ms. Schroeder then claimed the balance of her damages from her own insurer — the applicant, Coseco Insurance Company — pursuant to an endorsement (OPCF 44R) for “underinsured motorist protection” coverage, which was included in her policy. Coseco moved for summary judgment to dismiss Ms. Schroeder’s action, arguing that her claim was statute-barred by Ontario’s Limitations Act, 2002.

The motion judge at the Ontario Superior Court of Justice dismissed Coseco’s motion for summary judgment, finding that Ms. Schroeder’s claim was not statute-barred by the applicable limitation period. A unanimous panel of the Ontario Court of Appeal upheld this decision and dismissed Coseco’s appeal.

Lower Court Rulings