In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim?
Alberta, Canada
The following excerpt is from Allen v. Western Union Insurance Company, 1994 ABCA 146 (CanLII):
In our view, the circumstances here fall fully within the rationale of Basarsky v. Quintan et al; the circumstances are unique, causing no prejudice to the appellant insurer by the unfortunate brevity of the respondent's statement of claim. The insurer was fully informed by the plaintiff before actually issuing a statement of claim about his cause of action. The insurer was fully knowledgable of the respondent's claim and indeed warned him to issue the statement of claim that day to avoid any limitation of action problem.
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