Facts: Valley Select Foods Inc. filed a claim under their insurance policy with Lloyd’s Underwriters for approximately $1.87 million USD, due to damage to frozen blueberries. The claim centers on whether the damage was caused by a freezer failure (covered by the policy) or the processing methods used by Valley Select (not covered).
Issue: The dispute hinges on whether the damage to the blueberries falls under the insurance policy coverage. Valley Select attributes the damage to freezer malfunction, while Lloyd’s contends it resulted from Valley Select’s processing methods.
Court’s Ruling: The court dismissed Valley Select’s application for summary trial, deciding that the matter should proceed to a conventional trial due to the complexities involved, particularly the conflicting expert opinions on the cause of the damage.
Costs/Damages: The court did not award costs or damages at this stage, as the decision was procedural, focusing on the suitability of the case for summary trial rather than the substantive issues of the insurance claim. The amount involved in the dispute is approximately $1.87 million USD, but the final determination of costs and damages will depend on the outcome of the conventional trial.
