Wilson v. Aviva

Wilson v. Aviva

Under the policy the insurer was required to repair the damaged parts using materials of similar kind and quality, not to replace the entire house siding; the First On-Site repair cost $3,584.78 is recoverable; diminution in value from non-matching siding is compensable but general damages are capped at $100 by the Small Claims Court Act; plaintiff awarded $3,584.78 for repair, $100 general damages and $193.55 costs, total $3,878.33.

Citation
2015 NSSM 19
Parties
Claimant: George Wilson; Claimant: Sherisse Doucette; Defendant: Aviva
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 June 2015
Procedural Posture
Small Claims Court Property Damage/insurance Dispute / Adjudication/decision
Outcome
Judgment for the plaintiff in the amount of $3,878.33 comprising cost of repair $3,584.78, general damages $100.00, and costs $193.55; deductible waiver noted.
Legal Topics
Replacement Cost, Policy Interpretation, Indemnity, Depreciation/diminution in Value, Parts Clause, Betterment
Source Language
English
Insurance Law Contract Law Property Damage Small Claims Procedure Replacement Cost Policy Interpretation Indemnity Depreciation/diminution in Value +2 more

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Parties

George Wilson

Claimant

Sherisse Doucette

Claimant

Aviva

Defendant

Procedural Posture

Small Claims Court Property Damage/insurance Dispute / Adjudication/decision

Legal Issues

  1. 1 Whether the insurer must replace entire house siding or may repair only the damaged parts under the policy
  2. 2 Meaning and scope of “replacement cost” and “similar kind and quality” in the policy
  3. 3 Whether the insured is entitled to compensation for diminution in property value and limits on such award

Ratio Decidendi

Under the policy the insurer was required to repair the damaged parts using materials of similar kind and quality, not to replace the entire house siding; the First On-Site repair cost $3,584.78 is recoverable; diminution in value from non-matching siding is compensable but general damages are capped at $100 by the Small Claims Court Act; plaintiff awarded $3,584.78 for repair, $100 general damages and $193.55 costs, total $3,878.33.

Court Disposition

Judgment for the plaintiff in the amount of $3,878.33 comprising cost of repair $3,584.78, general damages $100.00, and costs $193.55; deductible waiver noted.

Orders

  • Defendant to pay plaintiff $3,584.78 for cost of repair as reflected in First On-Site report
  • Defendant to pay plaintiff $100.00 general damages for depreciation (statutory maximum)