Property Loss Update - August 2018
In this update, Glenn Gibson and I take a look at the recent Divisional Court decision of Madhani v. Wawanesa Mutual Insurance Company, 2018 ONSC 4282. In Madhani, the court examined the jurisdiction and procedural fairness of the appraisal and umpiring process contained in Statutory Condition 11 of Ontario's property policy and section 128 of Ontario's Insurance Act.
The section 128 appraisal/umpiring process provides for a little known ADR mechanism which can resolve loss valuation disputes quickly, efficiently, and cost-effectively. Both Glenn and I offer umpiring services to assist in resolving valuation disputes. See below for our take on the recent Madhani decision.