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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.
