Is there any case law where insurers have a right to rely on a plaintiff’s failure to serve a renewed statement of claim?
Alberta, Canada
The following excerpt is from Wasyleshko v. Chamakese, 1999 ABCA 47 (CanLII):
Hetherington J.A., in her concurring reasons in Cyre-Willis v. Couture, observed (at p. 211): “When the insurers wrote to the appellant’s lawyers asking that they take no further steps without ample notice to the insurers, they waived their right to rely on the failure of the appellant’s lawyers to serve the renewed statement of claim during its currency.”
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