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.
