What is the test for determining whether a plaintiff has been inordinate delay in applying for insurance coverage?
British Columbia, Canada
The following excerpt is from Allan McGavin Sports Medicine Centre Physiotherapy (A Partnership) v Arias, 2018 BCSC 100 (CanLII):
The defendants concede there is no absolute measurement of time after which delay will automatically be treated as inordinate. However, where a plaintiff pleads bad faith or malicious or high-handed conduct as against a defendant's character and credit, there is a particular onus on the plaintiff to proceed with due diligence: Bay v. Family Insurance Corporation, 2008 BCSC 1164, at para. 31.
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