An SEF 44 claim is discoverable when the insured has accumulated enough evidence to have a reasonable chance of showing that the claim exceeds the statutory minimum liability limit. The Court held that the two year limitation period had expired but exercised its statutory discretion to disallow The Personal’s limitation defence, allowing the SEF 44 claim to proceed.
Case card
Avery v. The Personal Insurance Company, 2026 NSSC 181
Source reviewed · Court holding
Held. The Court held that the two year limitation period had expired but exercised its statutory discretion to disallow The Personal’s limitation defence, allowing the SEF 44 claim to proceed.
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