The appellant insurer appealed a Small Claims Court judgment finding it liable for the loss of 76 hogs under a farm insurance policy and finding it negligent in training its captive agent.
The respondent cross-appealed the trial judge's failure to make a Sanderson or Bullock order regarding the successful agent's costs.
The Divisional Court dismissed the insurer's appeal, finding the trial judge reasonably concluded the insurer failed to prove the 'piling' exclusion applied.
The court allowed the cross-appeal, issuing a Sanderson order requiring the insurer to pay the successful agent's costs of $2,000.
