E. Zadro

Following the dismissal of the defendant insurer's motion for summary judgment, the successful plaintiffs sought partial indemnity costs of $21,666.43.

The defendant argued for an award of $8,000.

Applying the factors under Rule 57.01, the court noted the moderate complexity of the matter but recognized the importance of the issues and the defendant's failure to confirm the motion, which resulted in costs thrown away.

The court fixed costs payable to the plaintiffs at $15,000 all-inclusive.

The applicant sought a declaration that his insurer was obligated to defend and indemnify him for a motor vehicle accident that occurred while he was delivering pizzas.

The insurer had denied coverage on the basis that the applicant failed to disclose the business use of his vehicle, which constituted a material change in risk.

The court dismissed the application, finding that the undisclosed business use was a material change in risk and that, pursuant to section 233 of the Insurance Act, the applicant's right to recover indemnity was forfeited.