Claim for damages sustained to house during construction statute-barred

Insurance - Contracts of Insurance - Statutory Conditions

Plaintiff insured contracted with company, to refinish insured's log house. House sustained some damage in course of work done by company. Insured notified defendant insurer of damage, almost three years after work had been completed. Insured brought action against insurer and defendant broker, for collateral, general and aggravated damages. Insurer and broker claimed that action was statute-barred. Insurer and broker successfully moved for summary judgment. Summary judgment was set aside on appeal, with court finding that insurer was responsible for damage. At trial, insured's claim was dismissed, with damages being assessed at $86,320.70. Insured was ordered to pay costs of $175,000 to insurer and $115,000 to defendant broker. Insured claimed that trial judge made improper factual finding, as to her notification to broker upon discovering damages. Insured claimed relief from forfeiture, damages for indemnification, and substantial indemnity damages. Insured appealed from dismissal of action and costs award. Appeal dismissed as to substantive action. Appeal allowed to reduce costs. Trial judge made reasonable findings as to credibility, preferring evidence of insurer to insured. Trial judge properly excluded hearsay evidence, given by insured's partner. Insurers' counsel did not commit misconduct in examination, with no objections being made by insured's trial counsel.

Monk v. Farmers' Mutual Insurance Company (Lindsay) (2019), 2019 CarswellOnt 11541, 2019 ONCA 616, K. Feldman J.A., David Brown J.A., and B.W. Miller J.A. (Ont. C.A.); affirmed (2017), 2017 CarswellOnt 12614, 2017 ONSC 3690, E.J. Koke J. (Ont. S.C.J.). (Ont. C.A.); varied (2017), 2017 CarswellOnt 12531, 2017 ONSC 4511, E.J. Koke J. (Ont. S.C.J.).

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