Moore v. Fairway Insurance Services

Moore v. Fairway Insurance Services

Adjudicator found claimant credible and defendant's witnesses credible but gave insufficient weight to defendant's assertion based on unseen electronic records because the defendant did not produce or permit scrutiny of the computer records or provide technical evidence about the system; on the balance of probabilities the claimant established that she called to effect the vehicle change and the defendant negligently failed to arrange coverage; claimant was contributorily negligent for failing to follow up and verify paperwork, apportioned 35% to claimant and 65% to defendant, resulting in judgment of 65% of $9,369.78 = $6,090.36 to the claimants.

Citation
2016 NSSM 52
Parties
Claimant: Michelle Moore; Claimant: Megan Doucette; Defendant: Fairway Insurance Services
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 July 2016
Procedural Posture
Small Claims / Decision
Outcome
Judgment for the Claimants in part
Legal Topics
Policy Change and Coverage, Business Records and Electronic Records, Credibility Assessment, Contributory Negligence, Admissibility and Weight of Hearsay/electronic Evidence, Apportionment of Fault
Source Language
English
Insurance Tort Negligence Evidence Civil Procedure Policy Change and Coverage Business Records and Electronic Records Credibility Assessment Contributory Negligence +2 more

Case Brief

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Parties

Michelle Moore

Claimant

Megan Doucette

Claimant

Fairway Insurance Services

Defendant

Procedural Posture

Small Claims / Decision

Legal Issues

  1. 1 Whether the defendant negligently failed to arrange insurance coverage for the claimant's newly acquired vehicle
  2. 2 What weight to give defendant's testimony based on unseen computer records and whether those records should have been produced
  3. 3 Whether the claimant was contributorily negligent and, if so, the apportionment of fault and damages

Ratio Decidendi

Adjudicator found claimant credible and defendant's witnesses credible but gave insufficient weight to defendant's assertion based on unseen electronic records because the defendant did not produce or permit scrutiny of the computer records or provide technical evidence about the system; on the balance of probabilities the claimant established that she called to effect the vehicle change and the defendant negligently failed to arrange coverage; claimant was contributorily negligent for failing to follow up and verify paperwork, apportioned 35% to claimant and 65% to defendant, resulting in judgment of 65% of $9,369.78 = $6,090.36 to the claimants.

Court Disposition

Judgment for the Claimants in part

Orders

  • Judgment awarded to the Claimants in the amount of $6,090.36 CAD (65% of $9,369.78)
  • Apportionment of fault: 65% to the Defendant (Fairway Insurance Services) and 35% to the Claimant (Michelle Moore)