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Motion to convert application to action granted due to complex issues and disputed material facts.
The applicants commenced an application seeking declarations for insurance coverage and damages following a fire that destroyed their home.
The respondent insurer, who had denied the claim and voided the policy for alleged misrepresentation, brought a motion to convert the application into an action.
The court granted the motion, finding that the proceeding involved multiple issues requiring a trial, including material facts in dispute, credibility issues, and a negligence claim against the insurance broker that could not be bifurcated without consent.
A commercial tenant's action for property damage and business interruption was dismissed on summary judgment due to the lease's 'as is' clause and covenant to insure.
The defendant landlord moved for summary judgment to dismiss the plaintiff tenant's action for damages resulting from roof leaks and a non-operational gas line.
The court examined the commercial lease, which included "as is" clauses, a covenant for the tenant to obtain all-risk and business interruption insurance, and a waiver of liability.
The court found that the lease terms effectively allocated the risk of such losses to the tenant, regardless of the landlord's repair efforts or the tenant's failure to obtain the required insurance.
The distinction between business delay and business interruption was deemed immaterial.
The motion for summary judgment was granted, and the action was dismissed.
