The Insurers of a fish plant were unable to prove that the fire which destroyed the plant was arson nor that the Insured had committed any acts which would vitiate the policies. The Insured was therefore entitled to the damages proven. The Insurer’s conduct, however, did not warrant an award of punitive damages.
Bay Bulls Sea Products Ltd. v. Insurance Corp. of Newfoundland Ltd., [2003] N.J. No. 282, Newfoundland and Labrador Supreme Court – Trial Division