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Court of Appeal finds that Trial Judge failed to consider evidence as a whole in denying insurance coverage in case of suspected arson.

March 2013 Cox & Palmer, Newfoundland & Labrador

– Performance Factory Inc. v Atlantic Insurance Company Ltd., 2013 NLCA 11

This was an appeal of a trial decision which found that the principal of Performance Factory or his father had set a fire that destroyed their building and, as a result, recovery under an insurance policy with Atlantic Insurance was denied. The issue on appeal was whether the trial judge erred in his analysis of the case. This was viewed by the majority opinion as a matter of law attracting the standard of review of correctness.

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