Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

Citation: Sabean  v. Portage LaPrairie Mutual Insurance Company, 2014 NSSC 464

Date: 20140430

Docket: Halifax No. 329383

Registry: Halifax

Between:

Andrew Sabean and Cathy Hallett

Plaintiffs

v.

Portage LaPrairie Mutual Insurance Company

Defendant

 

Library Heading

 

Judge:

The Honourable Justice Patrick J. Murray

 

Heard:

By written submissions on December 20, 2013, January 16, 2014; and January 30, 2014.

 

Written Decision:

April 30, 2014

 

Subject:

Civil damage award (jury) and costs.

 

Summary:

A jury awarded damages in the total sum of $465,408.00 to the Plaintiff.  The Plaintiff had previously settled with the    “at fault” driver’s insurer under a limits agreement.

Issues:

1.     What is the amount owing in damages by the Plaintiff’s excess insurer, Portage to the Plaintiff, Andrew Sabean?

2.     What, if any, costs are owing to either party?

 

Result:

The total award remaining owed to the Plaintiff, Andrew Sabean, by the Defendant Portage shall be as follows:

         

          1.      Damages:                                 $83,276.87

          2.       Costs:                                                $22,200.00

          3.       Taxable Disbursements:          $38,498.96*

                   *(Inclusive of HST $5,021.60)

          4.       Pre-Judgment Interest              $4,871.69

                   Total                                        $148,847.52

 

 

 

 

 

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