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The court dismissed homeowners’ claims for additional by-law upgrade and rental loss payments after a house fire, finding the insurer had already paid the policy limits.
The court interpreted a mining insurance policy after the Mount Polley tailings disposal failure, finding separate CAD10 million limits for TDF property damage and time element loss.
The Court of Appeal held that the professional liability policy’s mitigation of loss coverage was not subject to the $10 million limit and upheld special costs.
The court resolved residual issues after summary trial, removed unnecessary wording from the draft order, declined to decide the deductible question, and awarded special costs with exceptions.
The Court of Appeal allowed the insurer’s appeal and dismissed the plaintiff’s action, finding no evidentiary basis for bad faith, negligence, deceit, or concealment.
The Court of Appeal held ICBC was not required to accept a post-judgment structured settlement that would create contingent liability beyond policy limits, and it need not fund independent legal advice.
The court exercised its discretion under Rules 63 and 1.03 and held that, given the disproportionate cost and delay of a damages assessment and the speculative nature of the plaintiff's claimed value, the appropriate and practical "amount involved" for Tariff C is the actual settlement amount paid ($185,750.00); the court refused to order a "quasi-trial" to assess damages and awarded no costs on the application.
Source excerpt
Appeal allowed and judgment below set aside because the trial judge improperly awarded damages on an unpleaded negligence theory after evidence closed; the respondents' proposed pleading of negligence was too late and prejudicial; moreover the evidence did not establish the requisite reliance on the agent or a breach of duty by the agent; therefore the action was dismissed with costs and cross-appeal dismissed without costs.
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