Featured Case Study: Groupone Insurance and Lloyd's - and -
Wenhao (Melissa) Li and Darko Strukan
Acting for the Applicants, Howard Borlack, Partner at McCague
Borlack LLP had a favourable decision from the Ontario Divisional
Court when they recently quashed an award by an Umpire arising from
an appraisal pursuant to a homeowners policy and the Insurance Act.
The insured's house sustained a fire and was beyond repair. The
insured and insurer could not agree on the Actual Cash Value which
the insured was entitled to under its Policy. The appraisals
on behalf of both the insured and the insurer were approximately
the same based to a great extent on comparable houses in the
area.
The insured had purchased the home 9 months before the fire and
the Umpire's award was approximately double what the insured
had paid for the house. With the value of the land that was
not part of the appraisal, it was pointed out that the insured
could purchase a similar house in the same
