The appellant appealed the dismissal of its damages claim against insurance broker respondents arising from the absence of business interruption coverage at the time of a fire.
The court held that the trial judge made crucial factual findings that the need for such coverage had been discussed on multiple occasions and that the appellant's representatives knew the coverage was not in place.
The record also supported the finding that worksheets required for a quotation had not been completed before the fire.
The court found no basis to interfere with the conclusion that there was no breach of duty and dismissed the appeal with costs.