What is the case law on allowance of interest in insurance claims?
Manitoba, Canada
The following excerpt is from Lesko v. Manitoba Public Insurance Corporation, 1981 CanLII 3506 (MB CA):
27 Cases on allowance of interest in claims on insurance policies are collected in fiolmested & Gale, Vol. 1, p. 431, para. 29. Analysis of the cases indicates that the courts have often followed the same principles in allowing interest in insurance claims as they have followed in other kinds of cases under the principles expressed in Toronto Railway Company v. Corporation of the City of Toronto, [1906) A.C. 117, i.e., where a just debt has been improperly withheld and it seems to be fair and equitable that the party in de fault should make compensation by payment of interest.
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