Interprint Systems Limited, operating a retail print shop, suffered losses due to a fuel oil leak in its building.
Interprint had an all-risks, multi-peril insurance policy with Co-operators General Insurance Company, covering various perils including property damage, business interruption, and extraordinary expenses.
Disagreement arose between Interprint and Co-operators over the valuation of losses. Co-operators sought to initiate an appraisal process under section 9 of the Insurance Contracts Act, which Interprint refused to participate in.
Key Issues:
Whether the appraisal process was statutorily or contractually available to Co-operators.
Whether the court should compel Interprint to participate in the appraisal process.
Court's Findings:
The court found that Interprint was neither statutorily nor contractually obligated to participate in the appraisal process.
The policy did not explicitly mandate an appraisal process, and the statutory provision cited by Co-operators did not apply to multi-peril insurance policies like the one in question.
The court dismissed Co-operators' application to compel Interprint to participate in the appraisal process.
Conclusion:
Co-operators' application was dismissed.
Costs related to the application were ordered to be costs in the cause (i.e., to be determined at the end of the trial).
