ABQB: Limitation periods may not always begin when insurers say so

Since July 2012, insurers in Alberta have been subject to a statutory requirement to give written notification to insureds/claimants of the “applicable limitation period” when one of four instances arises. The failure to do so may entitle an insured/claimant to an extension of that limitation period on application to the court.

Until recently, the Court of Queen’s Bench of Alberta had not considered the scope of that standard. Was it simply enough to reference a limitation period, with a Proof of Loss form, in response to an insured’s Notice of Claim? Master Farrington in Statt v SGI Canada Insurance Services Ltd, 2019 ABQB 828, recently answered that in the negative.

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Alberta Court of Appeal: Entitlement to Section B benefits requires compliance with IME protocol

Can an insurer deny all Section B benefits if an insured agrees to attend an IME on conditions that conflict with the protocol of the examining medical practitioner? The Alberta Court of Queen’s Bench had occasion to consider this in Greenidge v Allstate Insurance Company, 2018 ABQB 266 [Greenidge], and answered this question in the affirmative. More recently, the Court of Appeal in Greenidge v Allstate Insurance Company, 2019 ABCA 52, heard the appeal of that issue and also answered the issue in the affirmative. An insured who conditions their compliance with the Section B policy on conditions that do not accord with an election made by the insurer can disentitle that insured from further benefits.

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When cyber fraud strikes: Delineating coverage if employees are duped

The growth and sophistication of modern fraud and cyber security attacks has necessitated adaptable countermeasures by for-profit and non-profit organizations alike.

Of these countermeasures, the emergence of niche cyber crime/fraud insurance (e.g. cyber liability insurance) has given credence to the ethos that such attacks are not a matter of “if” but “when”. [1] One of the benefits of these forms of insurance is anticipating the pernicious reality of the causes of cyberattacks: vulnerabilities may arise from factors internal to an organization, as much as threats external to it. However, such policies similar to all insurance policies are not without their limits.

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