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A Rule 21.01 motion to determine if an insurance appraisal binds a non-party was dismissed.
The decision addresses whether an appraisal conducted under section 128 of the Insurance Act is binding on an insurance broker who was not a party to the appraisal process.
The plaintiffs sought a determination under Rule 21.01(1)(a) that the appraisal’s finding of value should bind all parties, including the broker, in subsequent court proceedings.
The court held that Rule 21.01 was not the appropriate procedure for this determination, as the issue was not fully settled in law, was not raised in the pleadings, and involved mixed questions of fact and law.
The motion was dismissed.
Motion to amend defence granted; proposed amendments detailing construction costs and meetings did not improperly plead evidence.
The defendant insurance broker brought a motion to amend its statement of defence and crossclaim in an action arising from a fire loss where the plaintiff alleged inadequate insurance coverage.
The plaintiff opposed the amendments, arguing they improperly pleaded evidence and argument rather than material facts, contrary to Rule 25.06.
The court granted the motion, finding that the proposed amendments, which detailed construction costs, statements made in meetings, and gross receipts, were relevant to the broker's causation defence and did not clearly offend the rules of pleading.
