Nova Scotia Fire Loss Lawyers

The statutory conditions in every Nova Scotia fire policy give you sixty days to deliver a sworn proof of loss. They also give the insurer a set of reasons to say no. A Nova Scotia fire loss lawyer gets the paperwork the insurer will later rely on right the first time, and sues in the Supreme Court when a fair claim is denied.

The Statutory Conditions Set a Sixty-Day Proof of Loss and a Short Time to Sue

The Insurance Act, RSNS 1989, c 231 writes the fire statutory conditions into every policy. Statutory condition 6 requires notice of the loss and a sworn proof of loss within sixty days. An insurer that has not paid within sixty days after that is in breach. The condition that sets the time to sue on the policy runs from the date of the loss, not from the denial. It is shorter than the two years from discovery the Limitation of Actions Act gives an ordinary claim. Work back from the date of the fire.

Nova Scotia Insurers Deny Fire Claims on Arson, Breach of Condition or Quantum

Insurers deny on three grounds, and they are the same everywhere. The first is arson. The insurer’s origin-and-cause investigator finds an accelerant pattern, and the insurer alleges the insured set the fire, usually pointing to financial difficulty as motive. The second is a material change or a breach of condition. The property was vacant beyond thirty days, a wood stove was uncertified, a basement apartment was unreported. The third is quantum. Replacement cost against actual cash value, depreciation on contents, code-upgrade costs, and the cap on additional living expenses. We meet each with the firm’s own expert. An insurer’s expert is retained to support the denial.

The Claim Recovers the Policy Limits, Living Expenses and Interest, Plus Bad Faith Damages

The claim recovers the dwelling and contents to the policy’s limits, additional living expenses, debris removal, and interest. Where the insurer’s investigation or handling fell below the duty of good faith, the Supreme Court of Nova Scotia awards damages for mental distress and, in the worst cases, punitive damages. A Nova Scotia fire loss lawyer pleads bad faith where the file supports it. It changes the insurer’s calculation at mediation.

Appraisal Settles Amount Disputes and the Supreme Court Settles Coverage Denials

Where only the amount is in dispute, the Insurance Act’s appraisal process, two appraisers and an umpire, is faster than litigation and binding on the amount. Where coverage is denied, we file in the Supreme Court of Nova Scotia. A tenant claims on a tenant’s policy. Where a neighbour’s negligence caused the fire, a claim against the neighbour’s liability insurer runs alongside.

The Halifax office takes fire loss claims across Nova Scotia. After the 2023 wildfires it has run several.

The Insurer Wants an Examination Under Oath. What Is That?

A sworn interview under the statutory conditions. You must attend. It is where the insurer builds its arson and inflation allegations. Attend with counsel and with your records organised.

The House Was Empty Because We Had Moved. Is the Claim Lost?

Only if the policy’s vacancy condition applied and you did not obtain the vacancy permit most insurers offer. Whether the house was “vacant” or merely “unoccupied” is a legal distinction. It has decided many claims.

We Lost Everything in the Wildfire. Does the Act Help?

The same conditions apply, and the same disputes over contents valuation and living expenses arise. The volume of claims does not change the insurer’s obligations under the policy.

What Does It Cost to Sue the Insurer?

The firm takes fire claims on a contingency fee where the coverage dispute is genuine. There is nothing to pay unless the claim recovers.

Read the firm’s fire loss guide, which describes the same statutory conditions. Results are on the results page. Other claim types are listed under injury law areas.