Can a renewal of a policy of insurance be sought after the expiry of the writ?

British Columbia, Canada

The following excerpt is from Minter v. Reeves, 1979 CanLII 479 (BC CA):

Each case must turn upon its own facts, and the facts of each case must be the background against which the reasons are seen. In Simpson v. Sask. Govt., supra, the renewal was sought about three weeks after the expiry of the writ. There was a claim on a policy of insurance following a fire loss. The defendant insurer was fully aware of the plaintiff's claim. Proofs of loss had been filed.

In Bearhead v. Moorhouse, supra, liability was admitted and settlement arranged, but the plaintiffs were to effect service upon one of the defendants by publication on two occasions. The other defendants had been served. There was a delay in contacting the newspapers, and so publication was delayed about a week. The defendant who had not been served had knowledge of the claim because he had been served in Alberta proceedings that were insufficient for the purpose of the settlement in British Columbia.

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