Rules related to claims notifications and limitation periods

2019/11/21

Underwriting's role in litigation

Once a notice of legal proceeding has been received, it is important to review the claim file and consult with the underwriting team, depending on the reason(s) for the claim’s denial. One best  practice is to seek a second opinion from underwriting, since they will likely have a role to play in resolving the issue. The underwriter’s role may vary during litigation:

  1. Review the file to reconfirm that the underwriting decision would have been different if the information was disclosed during the underwriting process, and that the insurance policy in question would not have been issued under these conditions.
  2. Perform a new review of the file when any new information unknown to the insurer is added during the litigation process.
  3. Consider seeking the expertise of an independent underwriter depending on the amounts at stake.

Underwriting manual and copyright

It may sometimes be necessary to present extracts from an Underwrit-ing manual, depending on the nature of the litigation. Please remember that no part of Munich Re’s EDGE Underwriting manual may be reproduced, used, or entered in the litigation and Court’s file without Munich Re’s prior written consent.

Table of applicable rules and case laws for claim notification & limitation period by region

You can download below a table detailing the applicable laws for each provincial jurisdiction for Claim Notification and Limitation Period for reference only. All Case Law is available simply by clicking on the case. You will find the links to all laws and regulations at the end of the chart.

Disclaimer: Always refer to your legal counsel for confirmation of current relevant and any additional information pertaining to the content and/or interpretation of the rules below. Munich Re disclaims all liability of any kind arising out of your use of, or reliance on, the information provided in this table.



MUNICH RE’S 2019 CLAIMS LITIGATION FORUM

On June 13, exactly one year after the first Forum in Toronto, we held our Claims Litigation Forum in Quebec, which was attended by more than 30 lawyers, litigation specialists, and claims managers from eight companies. This first francophone Forum also provided an opportunity for dialogue with participants on the following topics:
 

  • Best Practices in litigation management
  • 2018–2019 review of case law in relation to Disability Insurance
  • Testimonials and negotiations: dos and don’ts
  • What tribunals have taught us about litigation in relation to Critical Illness

    Thanks to the participants for your positive comments and feedback. See you at the next Forum!

 

Contacts
Charles Tremblay
Charles Tremblay, B.A., LL.B.
Assistant Vice President, Claims & Litigation
Julie St-Laurent
Julie St-Laurent, LL.B, LL.M.
Director, Claims Litigation
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