Caldwell Roach Insurance Agencies v. Fiddes

Caldwell Roach Insurance Agencies v. Fiddes

The court found on the balance of probabilities that the parties met on January 13, 2020 and the defendant agreed to the policy; the insurer placed the policy in effect and the defendant, after receiving the June 17, 2020 invoice, failed to cancel or clarify coverage, therefore the defendant is liable for the invoiced amount of $5,365.00 plus costs.

Citation
2021 NSSM 37
Parties
Claimant: Caldwell Roach Insurance Agencies; Defendant: David Fiddes
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 October 2021
Procedural Posture
Small Claims Court / Decision (adjudication)
Outcome
Claim allowed
Legal Topics
Insurance Policy Renewal, Policy Application Signature, Breach of Contract, Damages, Coverage Dispute
Source Language
English
Insurance Contract Civil Procedure Insurance Policy Renewal Policy Application Signature Breach of Contract Damages Coverage Dispute

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Parties

Caldwell Roach Insurance Agencies

Claimant

David Fiddes

Defendant

Procedural Posture

Small Claims Court / Decision (adjudication)

Legal Issues

  1. 1 Whether the defendant agreed to and is liable for the January 13, 2020 to January 13, 2021 insurance policy
  2. 2 Whether the absence of a second signature invalidates the policy or precludes coverage
  3. 3 Whether the policy was unilaterally placed by the claimant or requested by the defendant

Ratio Decidendi

The court found on the balance of probabilities that the parties met on January 13, 2020 and the defendant agreed to the policy; the insurer placed the policy in effect and the defendant, after receiving the June 17, 2020 invoice, failed to cancel or clarify coverage, therefore the defendant is liable for the invoiced amount of $5,365.00 plus costs.

Court Disposition

Claim allowed

Orders

  • Judgment in favor of Caldwell Roach Insurance Agencies in the amount of $5,365.00 plus costs.