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Case Study · Insurance Defence

Securing Dismissal of a Time-Barred Insurance Claim

An early review of the coverage decision and filing timeline led to dismissal of a claim against an insurer, followed by a final resolution of costs.

Small ClaimsLimitation PeriodsCoverage Disputes

The situation

An individual brought a claim against an insurance company in connection with a coverage dispute involving a loss of less than $10,000. Precision Paralegal Services represented the insurer.

Our approach

Our review identified that the claimant had received formal notice of the coverage decision well before filing the claim. On the facts of this matter, the claim was outside the applicable limitation period.

We brought a motion to dismiss on the insurer’s behalf. The court accepted the limitation defence and struck out the claim in its entirety, with a costs award in the client’s favour.

When opposing counsel raised questions about costs after the ruling, we negotiated directly to reach a final resolution. The file was then formally closed with the court.

The outcome

The claim was dismissed in full on our motion. The costs issue was resolved and the matter was closed.

What this case illustrates

Reviewing the timeline early can identify a defence that changes the course of a file. In this matter, the limitation defence resolved the claim without a trial on its merits. Applicable deadlines depend on the facts and governing law.

This anonymized summary omits identifying details to protect confidentiality. It describes one matter, not a guarantee of a similar outcome. Every matter depends on its facts and applicable law. This is general information, not legal advice.

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