The defendants brought a motion seeking particulars of the plaintiff insurer’s claim, arguing that the statement of claim failed to comply with Rule 25.06 of the Rules of Civil Procedure by not identifying specific contractual provisions or statutory sections relied upon.
The dispute arose from a fire loss claim where the insurer alleged it overpaid the insured following an appraisal under s.128 of the Insurance Act.
The court held that pleadings must contain concise material facts but not detailed evidence or legal authorities.
It concluded that the plaintiff was not required to identify specific sections of the insurance contract or the Insurance Act at the pleading stage.
The defendants’ motion for further particulars was dismissed.
