Bernard v. The Personal Insurance Company, 2026 NBCA 94, concerns a fire claim, a deficient proof of loss and an insurer request for an examination under oath. The Court of Appeal allowed the insured’s appeal on a procedural point, dismissed the insurer’s cross appeal and expressly left the enforceability of the examination under oath condition undecided.
Headline
New Brunswick appeal preserves proof of loss finding but leaves policy clause unresolved
After a house fire, the New Brunswick Court of Appeal upheld the finding that the insured had done what she reasonably could to complete her proof of loss, but set aside the ruling on an examination under oath condition because the legal question was not properly before the motion judge.