Publicover v. Echelon General Insurance

Publicover v. Echelon General Insurance

On the balance of probabilities the Audatex appraisal of $11,595 was the most reliable evidence of ACV; ACV must be grossed up to include 15% HST; the $500 deductible is applied after tax; net award to Claimant after allocation of costs is $12,419.85; the earlier signed release was not relied upon by the insurer and was effectively waived.

Citation
2011 NSSM 12
Parties
Claimant: Randall Publicover; Defendant: Echelon General Insurance
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 February 2011
Procedural Posture
Small Claims Motor Vehicle Insurance Dispute / Decision (reasons for Decision)
Outcome
Judgment in favour of the Claimant for $12,419.85.
Legal Topics
Actual Cash Value (acv), Sales Tax (hst) Inclusion in Loss Calculation, Appraisal Evidence and Comparables, Deductible Application, Allocation of Costs
Source Language
English
Insurance Law Motor Vehicle Law Tax Law Civil Procedure Actual Cash Value (acv) Sales Tax (hst) Inclusion in Loss Calculation Appraisal Evidence and Comparables Deductible Application +1 more

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Parties

Randall Publicover

Claimant

Echelon General Insurance

Defendant

Procedural Posture

Small Claims Motor Vehicle Insurance Dispute / Decision (reasons for Decision)

Legal Issues

  1. 1 Determination of actual cash value (ACV) of the insured vehicle
  2. 2 Whether HST (sales tax) should be included in the ACV calculation
  3. 3 Whether a signed release was binding or waived

Ratio Decidendi

On the balance of probabilities the Audatex appraisal of $11,595 was the most reliable evidence of ACV; ACV must be grossed up to include 15% HST; the $500 deductible is applied after tax; net award to Claimant after allocation of costs is $12,419.85; the earlier signed release was not relied upon by the insurer and was effectively waived.

Court Disposition

Judgment in favour of the Claimant for $12,419.85.

Orders

  • Defendant shall pay the Claimant $12,419.85 as judgment.
  • Claimant awarded filing costs of $179.35; Defendant awarded expert costs of $593.75; net judgment reflects those adjustments.