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Personal Injury · Prince Edward Island

PEI Fire Loss Lawyers

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

A house fire claim on Prince Edward Island is decided by the statutory conditions in the policy. The rules are in the Insurance Act, RSPEI 1988, c I-4, which writes a set of statutory conditions into every fire policy sold on the Island. The insurer knows those conditions better than you do. A PEI fire loss lawyer makes sure they are met and then holds the insurer to the policy.

The Statutory Conditions Require Notice, a Sworn Proof of Loss and a Suit Within the Policy Period

Tell the insurer at once. Deliver a sworn proof of loss within sixty days, on the form, itemising the building, the contents and your living costs while displaced. Answer questions under oath if the insurer asks. Keep the damaged property until the insurer has inspected it. And sue, if it comes to that, within the period the policy’s own condition sets, which starts on the date of the fire and not on the date of the refusal. Every one of those is a trap for someone who has just lost a home. The first job is to make sure none of them is sprung.

A PEI Fire Loss Lawyer Answers Vacancy, Maintenance, Depreciation and Arson Arguments

Charlottetown adjusters and their off-Island principals reach for the same arguments. A farmhouse in Kings County that was between tenants is called “vacant” and the vacancy exclusion is invoked. A fire that started near an oil furnace or a wood stove becomes a question about maintenance certificates. A total loss is priced at actual cash value with heavy depreciation, while the rebuild quote has to meet a building code the old house never did. Arson is alleged less often on the Island than elsewhere. When it is, the allegation rests on the insurer’s investigator and the family’s finances, and we answer it with an investigator of our own.

The Claim Pays Replacement Cost, and the Supreme Court Can Add Bad Faith Damages

A successful claim pays the dwelling to its replacement cost, the contents, the living expenses, debris removal and interest. Where the insurer’s handling breached its duty of good faith, the Supreme Court of Prince Edward Island can add damages for the distress it caused and, in an egregious case, punitive damages. Where only the figure is in dispute, the Act’s appraisal process, two appraisers and an umpire, is quicker than a trial and binding on the amount.

The Charlottetown office handles fire claims across Prince Edward Island.

Do I Have to Let the Insurer Question Me Under Oath?

Yes. It is a condition of the policy and refusing forfeits the claim. It is also where denials get built, so we prepare for it and attend with you.

The Adjuster Says Our Contents Are Worth a Quarter of What We Paid.

That is actual cash value depreciation. Whether the policy pays replacement cost, and whether the depreciation applied is defensible, are both contested with an appraiser’s evidence.

We Were Renting. What Can We Claim?

Your own tenant’s policy covers your belongings and living costs. If the fire was the landlord’s or a neighbour’s negligence, a second claim runs against their liability insurer.

What Will This Cost Us?

Nothing up front where coverage is genuinely disputed. The fee is a percentage of the recovery.

The firm’s fire loss guide covers the statutory conditions in depth. Results are on the results page. Other claim types the firm handles are listed under injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Charlottetown office opens the file. Contact the firm, or read what the firm can do.

PEI Fire Loss Lawyers, in Short

Limitation period
The policy's statutory condition sets the time to sue on the policy and runs from the loss; the Statute of Limitations, RSPEI 1988, c S-7 governs any claim outside the policy
Regime
First-party claim under the fire statutory conditions in the Insurance Act, RSPEI 1988, c I-4: notice, sworn proof of loss within sixty days, examination under oath, appraisal
Court
Supreme Court of Prince Edward Island
Charlottetown902-334-4228Monday to Friday, 8:30 to 5:00. Calls are answered after hours.Start a Claim

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