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Personal Injury

Fire Loss Lawyers in Atlantic Canada

Michael Murphy, K.C. signing a document at his desk in Moncton

A fire claim is the one injury-law claim where the defendant is your own insurer. Every Atlantic province writes the same fire statutory conditions into every policy: prompt notice, a sworn proof of loss, an examination under oath if demanded, and a contractual period to sue that runs from the fire. If you hire us as a fire loss lawyer, we meet those conditions so the insurer has nothing to rely on later, and sue when a fair claim is denied.

The Three Denials a Fire Loss Lawyer Sees

Insurers deny fire claims on three grounds. Arson, built on the insurer’s origin-and-cause report and the policyholder’s finances. Breach of a condition: a vacant house, an uncertified stove or oil tank, an unreported rental unit. Quantum, where the fight is replacement cost against actual cash value, contents depreciation and code-upgrade costs. We answer each with our own expert instead of arguing with the insurer’s. Where only the amount is disputed, the appraisal process, two appraisers and an umpire, is faster than litigation. Where coverage is denied, the claim goes to the province’s superior court. Where the handling breached the duty of good faith, the court awards damages for mental distress and punitive damages on top of the policy proceeds.

The Insurance Statute Differs by Province

The conditions appear in the Insurance Act in New Brunswick, Nova Scotia and PEI, and in the Fire Insurance Act in Newfoundland and Labrador. The contractual limitation and the general limitation statute interact differently in each, which is why the date of the fire is the date to work back from on the first call, in every province.

The Firm Handles Fire Claims in Each Province’s Superior Court

On each file we prepare the proof of loss, attend the examination under oath, and retain our own origin-and-cause expert where arson is alleged and our own appraiser where the amount is disputed. Where coverage is denied, the action is filed in the province’s superior court before the contractual period runs.

Fire Loss Claims Differ by Province

The Examination Under Oath Is Mandatory

The examination under oath is required, and refusing can forfeit the claim. It is also where arson and inflation allegations are built. Attend with counsel, after reviewing the policy and your own records.

We Were Underinsured.

You recover to the policy limit. Whether the broker who set the limit was negligent is a separate claim, and it is asked about on the first call.

What Does Suing the Insurer Cost?

Where coverage is genuinely disputed, we take the claim on a contingency fee: nothing unless the claim recovers.

Read our fire loss guide. See our results for our reported decisions. For other claim types, see injury law areas.

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