Pennefather v. Pike Estate  O.J. No. 271 (S.C.J.)
Date of Decision: January 29, 2004
We represented an insurer in a subrogated action seeking recovery of payment made to its insured homeowners following a fire. Our client alleged the fire was caused by the insured’s visiting adult daughter’s careless use of a stove. The trial was complicated by sudden and unrelated death of defendant before the action was commenced and the lack of any witnesses to the incident. The trial judge admitted the statements the defendant made to the police and the investigating adjuster preferring that version over the version she gave to her liability insurer after being put on the notice of the claim. The trial judge rejected the defendant’s insurer’s argument that the claim for the repair to the building ought to be reduced for betterment.
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