In a decision of April 5, 2012 of Regional Senior Justice Hackland, Mitch Kitagawa successfully argued that when a cancellation of a policy for non-payment of premium is deemed to have been given, the 30 days notice period also commences.  In this case, the insurer was found to have provided the proper notice and the case against it was dismissed.  It was interesting to note that the court also upheld the “ripening” argument; that even if the notice was short served, the notice period would have expired before the insured did anything about the cancellation and as a result the policy would have been cancelled upon the expiry of the correct amount of time.

To read the decision, please click here.