Knowledge Centre

E-mail from adjuster constitutes waiver of the proof of loss requirement

Mitch Kitagawa and Christina Lachance
November 2014 Kelly Santini LLP, Ontario

In O’Byrne v Farmers’ Mutual Insurance Company (Lindsay) 2014 ONCA 543, Farmers’ Mutual insured a building owned by Blake and Colleen O’Byrne pursuant to an “all-risks” insurance policy. A residential tenant in their building tampered with the oil-fired furnace, causing oil to overflow and damage the main floor commercial units in the building. Farmers’ Mutual relied on an exclusion and denied coverage under the policy.

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