Oraniewicz v. Intact Insurance Company
Janusz Oraniewicz
Law Firm / Organization
Self Represented
Intact Insurance Company
Law Firm / Organization
Bilkey Law Corporation

Background: The appellant Janusz Oraniewicz sought to reverse a dismissal of his action against Intact Insurance Company. The initial dismissal occurred at the Supreme Court of British Columbia, where the trial judge ruled in favor of Intact Insurance, interpreting the insurance policy terms accurately and dismissing claims of breach of good faith.

Legal Arguments/Issues: Oraniewicz challenged the interpretation of the insurance policy, specifically contesting the rights of loss payees and the handling of his insurance claims following a fire at his business. He argued that the trial judge erred in interpreting the policy, and Intact Insurance failed in its duty of good faith, causing additional damages due to delays. The issues revolved around the proceeds entitlement from "Building Loss," "Loss of Contents," and "Loss of Profits," and whether National Holdings, a loss payee, was entitled to all insurance proceeds.

Held: The Court of Appeal upheld the trial court's decision, confirming that the insurance policy was interpreted correctly. The court found no palpable errors in the factual determinations made by the trial judge and dismissed Oraniewicz's appeal.

Costs/Damages Awarded: There were no additional costs or awards granted as the initial trial conclusions and awards were maintained, upholding Intact Insurance's proper dispensation of insurance proceeds as per the policy agreements.

Court of Appeals for British Columbia
CA4898
Insurance law
Respondent