Damage Appraisal Method Leaves a Toilet Back-up Case Running (Canadian Underwriter)

Damage Appraisal Method Leaves a Toilet Back-up Case Running

  Monday, October 31st, 2022 Source: Canadian Underwriter

Did a toilet backup cause $35,700 worth of damage to the cell phone stock of a retail business, as argued by Gore Mutual, or $105,000, as the business owner claimed?

Neither side agreed with the appraised value of the losses, which featured a controversial (but cost-efficient) sampling method to determine damage to the cell phone stock. But both believed enough evidence existed for the court to decide the matter one way or the other, without going to trial.

Ontario’s Superior Court disagreed, finding a trial would be required to determine how much water damage had been done to the cell phone company’s sales stock, largely because of the sampling method used.

In 9491716 Canada Inc. v. Gore Mutual Insurance Co., a toilet at the cell phone business’ premises backed up in July 2017, causing water damage.

Gore’s policy was in force at the time, and the water damage was an insured peril. The business made a claim for the cellphone stock damaged by the toilet back-up.

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