The appellant appealed an order directing insurance proceeds to be paid out of court to the Estate of Walter Ardis.
The appeal raised two main issues: the application judge's refusal to adjourn the insurance proceeds application to be heard concurrently with a related will validity application, and the determination of insurable interest under the insurance contract.
The Court of Appeal found that the application judge erred by proceeding with the insurance proceeds application while the validity of the underlying will was still in dispute, and by failing to properly consider the Estate of Margaret Ardis's potential interest in the insurance proceeds, particularly concerning the timing of her death relative to the fire and her interest in the house's contents.
The appeal was allowed, the order set aside, and the matter remitted for a joint hearing of both applications.
