Dowse v. Co-Operators General Insurance Co.
Peter Dowse
Law Firm / Organization
Cox & Palmer
Susan Himmelman
Law Firm / Organization
Cox & Palmer
Co-operators General Insurance Company
Law Firm / Organization
Burchell Wickwire Bryson LLP
Lawyer(s)

Kevin Quigley

Daniel Carey doing business as Daniel Carey’s Insurance Company
Law Firm / Organization
Stewart McKelvey
Jessica Ginsburg
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Ian Dunbar

Laurie MacDonald
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Ian Dunbar

·  Case Background:

  • A fire occurred on March 1, 2019, at a property owned by Peter Dowse and his sisters. The property was insured with Co-operators General Insurance, arranged through Daniel Carey’s Insurance.
  • At the time of the fire, Jessica Ginsburg and Laurie MacDonald occupied the home and held a separate insurance policy.
  • Co-operators denied the Plaintiffs’ insurance claim, citing a material change in risk (the property was rented, which was not disclosed).

·  Legal Proceedings:

  • Dowse and Himmelman sued Co-operators and Daniel Carey for breach of contract and negligence in policy arrangement.
  • Third Parties (Ginsburg and MacDonald) sought a stay of proceedings, arguing they were covered by a release signed by Dowse, waiving further claims related to the fire.

·  Issues for the Court:

  1. Should the entire action be stayed as an abuse of process?
  2. Should there be a stay of proceedings against the Third Parties only?

·  Court's Findings:

  • Stay of Entire Action: Denied; the court found the claims against Co-operators and Carey for breach of contract and negligence were distinct from the release signed concerning the fire.
  • Stay Against Third Parties: Granted; the release signed by Dowse precludes claims against Ginsburg and MacDonald related to the fire.

·  Conclusion:

  • The court ordered a permanent stay of proceedings against the Third Parties (Ginsburg and MacDonald), but not against Co-operators or Carey.
  • No specific monetary award or costs were granted or ordered at this stage.
Supreme Court of Nova Scotia
497171
Insurance law
Other