"Insurance Law Update in British Columbia", Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia), Author, 2002, 2003, 2004, 2005, 2006, 2007
Insurance Law Chapter (a summary of notable British Columbia insurance decisions each year) by Peter Willcock, as published in the CLE (BC) Annual Review of Law and Practice .
This chapter summarizes notable British Columbia decisions. The insurance law chapter of the 2004 Annual Review of Law and Practice began with a discussion of the Supreme Court of Canada's criticism of the limitation provisions in British Columbia's Insurance Act, R.S.B.C. 1996, c 226 in two fire cases, KP Pacific Holdings Ltd. v. Guardian Insurance Co. of Canada, 2003 SCC25, and Gore Mutual Insurance v. Churchland, 2003 SCC 26. The Act was subject to further criticism in 2004 by the Court of Appeal in Gumpp v. Cooperators Life Insurance Co., 2004 BCCA 217. Speaking fr the Court in that case, Southin J.A. noted, after discussing the comment of the Supreme Court of Canada in KP Pacific Holdings Ltd. (at para. 2)
In matters of limitation periods on claims under policies of insurance against the vicissitudes of life, the Legislaturehas created a scheme so labyrinthine as to be deserving of even harsher judicial condemnation.
Mrs. Gumpp was insured for life insurance benefits and long-term disability benefits under a group policy obtained by her employer from Cooperators Life Insurance. Mrs. Gumpp became disabled from her employment and was paid benefits for approximately three and a half years until November 30, 1998. She commenced an action against
Cooperators in May 2001. A limitation was prescribed by the policy itself. The policy provided that where benefits had been paid under the policy, action must be brought within one year of the date upon which the insurance company terminated payment of the benefits. The question was whether this limitation was effective, or whether the appropriate limitation period was prescribed by the Insurance Act.
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