This is an appeal from a trial judgment that found an insurer liable for underpaid contents claim following a fire.
The insurer (appellant) argued that the insured's failure to submit a sworn proof of loss was fatal, that an appraisal process under the Insurance Act was mandatory, and that the trial judge erred in assessing the actual cash value (ACV) of the lost property.
The Court of Appeal dismissed the appeal, affirming the trial judge's findings that the insurer had waived the sworn proof of loss requirement and that relief from forfeiture was appropriate.
The Court also upheld the trial judge's discretion to decline an appraisal under s. 128 of the Insurance Act, noting that the court was in a position to assess the ACV and that an appraisal would cause further delay and expense.
The assessment of ACV by the trial judge was also found to be free of palpable and overriding error.
