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Appeal dismissed due to appellant's repeated non-compliance with rules and court orders.
The self-represented appellant appealed the dismissal of his action.
The Court of Appeal found that the appellant had repeatedly failed to comply with the Rules, ignored court orders, and misused court processes.
Finding no reason to interfere with the lower court's decision, the Court of Appeal dismissed the appeal and awarded costs to the respondent.
Delayed insurance payment breached good faith but caused no compensable loss.
The appellants challenged the dismissal of their claim for consequential and punitive damages arising from an insurer's delay in paying fire insurance proceeds to mortgagees after hotel fire losses.
The court held that the insurer's duty of good faith requires prompt and fair handling of claims, but rejected the argument that Statutory Condition 12 of the Insurance Act imposes an absolute 60-day payment obligation giving rise to consequential damages whenever a claim ultimately succeeds.
Although the court found a limited breach of good faith in failing to pay at least 50 percent of the amount claimed once the insurer relied only on a co-insurance position, the appellants failed to prove any resulting loss beyond interest already paid.
Punitive damages were also unavailable because no compensable damage flowed from the bad faith breach and the conduct was not sufficiently harsh or malicious.
