Alfred M. Kwinter

The applicant insurer and respondent insureds were engaged in a statutory appraisal process under the Insurance Act to determine the value of flood damage to the insureds' home.

The insurer brought an application to inspect the property and to remove the insureds' appraiser for allegedly refusing to act.

The insureds brought a cross-application seeking to compel the insurer's appraiser to identify specific disagreements and for a declaration regarding the determination of actual cash value.

The court held that the insurer retained its contractual right to inspect the property and ordered an inspection as directed by the umpire.

The court declined to remove the insureds' appraiser, finding his conduct unprofessional but not amounting to a refusal to act.

The insureds' requests were dismissed, as the umpire has exclusive jurisdiction to determine the appraisal procedure and had not exceeded his jurisdiction.

Following a jury trial in a fire loss action where the defendant insurer successfully defended the claim based on a material change in risk and wilfully false statements, the insurer sought costs.

The plaintiffs argued the insurer should be denied costs due to bad faith and delay tactics.

The court rejected the plaintiffs' arguments, finding they contributed significantly to the delay and failed to substantiate their aggressive bad faith allegations.

The court awarded the insurer partial indemnity costs up to the date of its settlement offer and substantial indemnity costs thereafter, totaling $616,843.27.

Following a jury trial regarding a denied home insurance claim for a fire, the jury found that the plaintiffs used portable electric heaters as their primary heat source and made wilfully false statements on their proof of loss.

The plaintiffs brought a motion arguing the verdict was perverse and seeking relief from forfeiture.

The court dismissed the plaintiffs' motion, finding there was evidentiary support for the jury's conclusions and that relief from forfeiture is not available where a claimant makes wilfully false statements, as this goes beyond imperfect compliance.

Judgment was entered for the defendant insurer.