The insurer sought leave relating to a decision refusing to appoint an appraiser under the appraisal provisions of an insurance policy following a loss.
The court noted that the insurer had not demanded an appraisal until more than six years after the loss.
The court held that the appraisal provisions under the statutory conditions in s. 148 of the Insurance Act are not mandatory in multi‑period policies.
The motion judge’s refusal to appoint an appraiser was a discretionary decision and consistent with prior case law.
Leave was denied.
