Did Insurer Wait Too Long to Commence Action - Kamalavannan Kumarasamy Plaintiff (Respondent) and Western Life Assurance Company and Morris National Inc. Defendants (Appellant)

December 07, 2021, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Kamalavannan Kumarasamy Plaintiff (Respondent) and Western Life Assurance Company and Morris National Inc. Defendants (Appellant)

HEARD ON: November 30, 2021

HEARD BEFORE: Nordheimer J.A


NOTICE PERIOD: limitation; reasonable delay; time limits

Mr Kumarasamy was working as a truck driver when he was injured in a car accident on August 25, 2014. He has not been able to work since that time due to back, neck and shoulder injuries sustained in the crash. He also suffers from depression, anxiety and chronic pain disorder. The Ministry of Transportation has suspended his driver’s licence due to his medical condition.

Mr Kumarasamy, who spoke very little English, contacted his employer and insurer via his sister who completed many of the forms including the Notice of Claim form. The insurer responded three times by mail requesting that an application for LTD benefits be completed. It was not. In February 2017 Mr Kumarasamy retained a lawyer to represent him in the LTD claims. The lawyers completed the forms and communicated with the insurer. In late June the insurer denied the claim on the basis that the information in the application did not support a reasonable cause for the delay in application.


Mr Kumarasamy subsequently filed a statement of claim against the insurer in June 2019. The lower court dismissed the summary judgement motion saying that the insured was not out of time. The motion court judge said that the insured did not know about the claim until there was a clear and unequivocal denial from the insurer. 


The court of appeal disagreed. Justice Norheimer said that there were times much earlier when the insured should have been aware that there was a claim and therefore should have commenced the claim much sooner. Since Mr Kumarasamy started the claim too late, the Court of Appeal reversed the decision of the motions court judge and allowed the summary judgement motion. The insurer’s claim was dismissed. 



Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Chronic Pain, Disability Insurance, Personal Injury, Spinal Cord Injury

View All Posts

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Slip and Fall Accidents
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

Personal Injury Blog

Jun 30, 2022
Are Flat Tires a Thing of the Past?
Jun 28, 2022
Car companies are working on tech to alert you if you forget children or pets in cars
Jun 24, 2022
Do you think cycling locally is too dangerous?
Jun 21, 2022
CAA Members Nominate the Worst Roads in Western Ontario
Jun 16, 2022
Why Don’t Electric Cars Make Standardized Sounds in Canada?
Jun 14, 2022
Public Art and Public Spaces

More Personal Injury Articles » 
Review our services

Connect with us

Facebook Twitter Linkedin Youtube