Does correspondence between the parties in a motor vehicle accident claim a waiver of any proof of loss that was not delivered?
Ontario, Canada
The following excerpt is from British Empire Underwriters v. Wampler, 1920 CanLII 19 (ON CA):
Referring to this last point, I am of opinion that the correspondence between the parties, appearing in exhibits 6, 7, 8, 9, and 10, operates as a waiver of any proofs of loss other than those which were delivered: Morrow v. Lancashire Insurance Co., 26 A.R. 173.
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