Rosetanni v. Economical Insurance Group, CITATION: 2015 ONSC 4024

COURT FILE NO.: 11-29566

DATE: 2015-06-22

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Victor Rosetanni, plaintiff

AND: The Economical Insurance Group, Brent Hanson and Tripemco Burlington Insurance Group Limited

BEFORE: Mr Justice Ramsay

COUNSEL: Mr Sharoon J. Gill for the plaintiff Mr Z.S. Pete Volaric for Economical Ms Elizabeth Bowker for Hanson and Tripemco

ENDORSEMENT

[1] The plaintiff sued unsuccessfully for damages. His house burned down, but it was vacant at the time, so he was not entitled to recover on the insurance policy that Economical issued and that Tripemco brokered. If the plaintiff had succeeded he would have received about $71,000, not the $90,000 that he claimed.

[2] There was never any basis for Economical to be held liable. It was always known that the plaintiff had to notify them if the property became vacant, that it was vacant and that he did not tell them. On the other hand, there was never any basis for Economical to keep charging him premiums for a year after the house burned down. Tripemco was successful and should have its costs on a partial indemnity basis. It might not have been sued if it had kept better records.

[3] Taking into account the amounts at stake, I make an award that I think would reasonably have been contemplated. I fix Tripemco’s costs at $15,000 and Economical’s at $5,000 and order the plaintiff to pay them.

J.A. Ramsay J.

Date: 2015-06-22