Case Closed: An Umpire Has The Final Word On The Valuation Of A Claim

Overview

In Truscott v. Co-Operators General Insurance, 2022 ONSC 829, the Court considered the finality of an umpire's decision following an appraisal pursuant to section 128 of the Insurance Act, and its impact on subsequent claims flowing from the same loss.

Background

The plaintiffs were the owners of a building in Hamilton, and an accounting firm housed within it. Both were insured under a policy of property insurance with Co-Operators.

On January 20, 2017, a fire occurred at the Premises. Co-operators investigated the fire, and confirmed coverage for the resulting property losses.

The plaintiffs' policy was a multi-peril policy, which provided insurance coverage for different specified types of property damage, including damage or loss to the building, its contents, and "valuable papers", or special, unique and original documents that are vital to the operation of a business.