Herridge v. A.A. Munroe Insurance Brokers Inc.

Herridge v. A.A. Munroe Insurance Brokers Inc.

The adjudicator accepted the insurer's documentary evidence that sewer backup coverage was deleted in 2010 at the insured's direction (via agent), a revised renewal was issued and paid, and therefore no sewer backup coverage existed at the time of the October 2016 loss; claim dismissed.

Citation
2017 NSSM 86
Parties
Claimant: Janet Mary Herridge; Defendant: A.A. Munroe Insurance Brokers Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 February 2017
Procedural Posture
Small Claims Court Insurance Coverage Claim / Hearing and Final Decision on Coverage Issue
Outcome
Claim dismissed; judgment for defendant
Legal Topics
Sewer Backup Coverage, Policy Renewal, Coverage Cancellation, Agent Authority, Insured's Duty to Review Renewals, Evidence of Cancellation
Source Language
English
Insurance Law Contract Law Civil Procedure Property Damage Sewer Backup Coverage Policy Renewal Coverage Cancellation Agent Authority +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Janet Mary Herridge

Claimant

A.A. Munroe Insurance Brokers Inc.

Defendant

Procedural Posture

Small Claims Court Insurance Coverage Claim / Hearing and Final Decision on Coverage Issue

Legal Issues

  1. 1 Whether the claimant was entitled to sewer backup coverage under her homeowner policy at the time of loss (October 2016)
  2. 2 Whether the insurer/agent validly cancelled or deleted the sewer backup coverage in 2010
  3. 3 Whether the insurer was negligent in administration of the policy renewal process

Ratio Decidendi

The adjudicator accepted the insurer's documentary evidence that sewer backup coverage was deleted in 2010 at the insured's direction (via agent), a revised renewal was issued and paid, and therefore no sewer backup coverage existed at the time of the October 2016 loss; claim dismissed.

Court Disposition

Claim dismissed; judgment for defendant

Orders

  • Claim dismissed
  • No further hearing required to determine nature, extent and value of damages