J-Bailey's Furniture Market Ltd. v. Sigma Insurance Ltd., (1975) 21 N.S.R.(2d) 459 (TD)

• Judge: Jones, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 22, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 21 N.S.R.(2d) 459 (TD)

J-Bailey's Furniture v. Sigma Ins. (1975), 21 N.S.R.(2d) 459 (TD);

    28 A.P.R. 459

MLB headnote and full text

J-Bailey's Furniture Market Ltd. v. Sigma Insurance Ltd.

Indexed As: J-Bailey's Furniture Market Ltd. v. Sigma Insurance Ltd.

Nova Scotia Supreme Court

Trial Division

Jones, J.

December 22, 1975.

Summary:

This headnote contains no summary.

Insurance - Topic 512

Agents - Liability of agents - Negligence - Liability of agent to insured - The plaintiff placed insurance in the amount of $100,000.00 on the contents of a warehouse - Subsequently, he requested his usual agent to increase the coverage to $150,000.00 - The agent neglected to increase the coverage - The warehouse was destroyed by fire with a loss on the contents of over $200,000.00 - The plaintiff brought an action against the employer of the agent for $50,000.00, the amount of the additional coverage requested - The Nova Scotia Supreme Court, Trial Division, allowed the plaintiff's action and held the defendant liable in negligence to the plaintiff for the additional coverage which should have been placed - See paragraphs 32 to 40.

Interest - Topic 5136

Interest as damages - Torts - Negligence - The plaintiff requested $50,000.00 additional coverage under an insurance policy, but the agent neglected to increase the coverage before a fire loss which exceeded the amount of the additional coverage - The plaintiff brought an action against the defendant and recovered the amount of the additional coverage requested - The Nova Scotia Supreme Court, Trial Division, held that the plaintiff was not entitled to interest on the amount recovered - See paragraph 44.

Cases Noticed:

Menna v. Guglietti, 10 D.L.R.(3d) 132, refd to. [para. 3].

Myers v. Thompson, 63 D.L.R.(2d) 476, refd to. [para. 37].

Kostiuk v. Union Acceptance Corp. Ltd. et al. (1967), 66 D.L.R.(2d) 430, appld. [para. 39].

Worth v. Walter (1973), 19 N.S.R.(2d) 231; 24 A.P.R. 231, appld. [para. 44].

Authors and Works Noticed:

Bowstead's Digest of the Law of Agency (11th Ed.), pp. 109, 110 [para. 34].

Canadian Encyclopedic Digest. Vol. 2, p. 91 [para. 35].

Ivamy, General Principles of Insurance Law (2nd Ed.), p. 464 [para. 38].

Law Society of Upper Canada, Special Lectures (1962), Claims Under Insurance Policies, p. 240 [para. 36].

Counsel:

Michael S. Ryan, for the plaintiff;

David R. Chipman, Q.C., and Michael Hicks, for the defendant.

This case was heard on December 3 and 4, 1975, at Halifax, Nova Scotia, before JONES, J., of the Nova Scotia Supreme Court, Trial Division.

On December 22, 1975, JONES, J., delivered the following judgment: