What is the current state of the law on notice requirements in an insurance contract?
Ontario, Canada
The following excerpt is from Commander Construction v. The Sovereign General Insurance Company, 2013 ONSC 7104 (CanLII):
As per Stuart v. Hutchins[7] where the notice requirement in an insurance contract forms an integral part of the event triggering coverage, then failure to give notice is breach amounting to non-compliance and section 129 of Insurance Act does not assist, as non-compliance must be distinguished from imperfect compliance. Section 129 of the Insurance Act relates only to relief from forfeiture where there has been imperfect compliance. Likewise, the reach of section 98 of the Courts of Justice Act cannot extend beyond that of section 129 where there is non-compliance with a condition precedent to coverage.[8]
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