3 total
The court stayed an insured's claim for property damage payments pending a mandatory statutory appraisal and dismissed claims for additional living expenses.
The applicant sought to compel the respondent insurer to proceed with a statutory appraisal for property damage claims and to pay additional living expenses.
The court affirmed the mandatory nature of the appraisal process but ruled that the applicant's "Interim" Proof of Loss was insufficient for final appraisal, requiring a choice between proceeding with an estimated valuation or delaying until actual repair costs were known.
The court dismissed the claim for additional living expenses, finding no evidence the property was "unfit for occupancy" due to an insured occurrence, and denied the request to appoint an appraiser.
Claims for payment under the policy were stayed pending appraisal completion.
Determination of common-law spouse's standing to challenge will deferred until dependant support claim commenced.
The applicant, the common-law spouse of the deceased, brought an application to challenge the validity of a handwritten will leaving a condominium to the respondent church.
The respondent brought a motion for directions challenging the applicant's standing and seeking to limit her to a dependant support claim.
The applicant moved to strike portions of the respondent's relief and hearsay evidence in affidavits.
The court held that it was premature to determine the applicant's standing to challenge the will until she commenced a dependant support claim, for which the court extended the limitation period.
The court also found the respondent's requests for directions premature and declined to strike the hearsay evidence at the motion stage, leaving it for the application judge.
Insurer added as statutory third party despite plaintiffs having already obtained default judgment against insured.
The plaintiffs obtained a default judgment against the defendant following a fatal motor vehicle collision.
The defendant's insurer, Certas, brought a motion to be added as a statutory third party under s. 258(14) of the Insurance Act, having denied coverage to the defendant.
The plaintiffs opposed the motion, arguing Certas delayed and should be bound by the default judgment.
The court granted the motion, finding Certas met the statutory conditions and that the plaintiffs' failure to notify the insurer of their imminent default judgment motion negated any claim of prejudice.
