Klees v. State Farm Insurance
DONALD KLEES
Law Firm / Organization
Self Represented
JULIE KENT
Law Firm / Organization
Self Represented
STATE FARM INSURANCE
DESJARDINS INSURANCE
KEITH G. JUPP

Facts: Donald Klees and Julie Kent sought a fully paid-up insurance policy from State Farm Insurance (later Desjardins Insurance) and damages of $750,000, claiming inappropriate conduct. They had a term life policy from 1992, with conversion rights to a whole life policy, which they attempted to exercise but encountered multiple administrative errors and communication issues.

Issues: The court examined whether State Farm breached the contract by not providing the converted policy as requested and if there were damages due to this breach.

Court's Ruling:

  • The court granted summary judgment for the defendants, finding no genuine issues requiring a trial.
  • The actions from 1992 and 1994 were dismissed as time-barred.
  • The 2018 action failed because the plaintiffs did not accept Desjardins’ offer, which would have put them in the position they sought, albeit at a higher premium than they expected.
  • The court determined that any damages claimed for the 2018 action were due to the plaintiffs' failure to mitigate their losses by not accepting the offer.

Costs/Damages:

  • State Farm was entitled to costs, with the court encouraging the parties to agree on an appropriate amount. If an agreement couldn't be reached, they were directed to arrange a costs hearing.
Superior Court of Justice - Ontario
CV-20-2780
Insurance law
Defendant