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.
