The plaintiffs brought a motion for leave to amend their statement of claim to add their own automobile insurer as a defendant for unidentified and underinsured motorist coverage following a collision in which a previously undisclosed unidentified vehicle may have contributed to the accident.
The insurer argued the claim was statute‑barred because the two‑year limitation period ran from the accident date.
Relying on Court of Appeal authority interpreting the Limitations Act and OPCF 44R coverage, the court held that a claim against an insured’s own insurer is contractual and the limitation period does not begin until a demand for indemnification is made and the insurer fails to respond.
As no such demand had yet been made, the limitation period had not been triggered.
The plaintiffs were granted leave to amend the claim to add the insurer for unidentified and underinsured motorist coverage.
