Posts tagged Exclusions

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Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Compliance costs excluded under residential homeowners policy
Better to ask for permission than to seek forgiveness!
Better to ask for permission than to seek forgiveness! Better to ask for permission than to seek forgiveness!
Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses
Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses
The Duty to Defend: A Clarion Call
The Duty to Defend: A Clarion Call The Duty to Defend: A Clarion Call
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break No coverage for assault with a knife during psychotic break
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
No coverage for claim that was reasonably foreseeable prior to inception of claims made policy
No coverage for claim that was reasonably foreseeable prior to inception of claims made policy No coverage for claim that was reasonably foreseeable prior to inception of claims made policy
Coverage down the toilet due to vacancy
Coverage down the toilet due to vacancy Coverage down the toilet due to vacancy
Family of victim of accidental military activity recovers from insurers
Family of victim of accidental military activity recovers from insurers Family of victim of accidental military activity recovers from insurers
It’s too soon!
It’s too soon! It’s too soon!
Wrap up has duty to defend actions alleging defects in curtain-wall system
Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies
No uninsured motorist coverage for passenger in stolen vehicle
No uninsured motorist coverage for passenger in stolen vehicle No uninsured motorist coverage for passenger in stolen vehicle
O what a tangled web…
O what a tangled web… O what a tangled web…
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
A duty from mere possibilities
A duty from mere possibilities A duty from mere possibilities
It’s a scorcher!
It’s a scorcher! It’s a scorcher!
Court upholds insurer’s denial of life insurance coverage after insured’s overdose
Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect
Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer
Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer
Clearing up the pollution of the duty to defend analysis
Clearing up the pollution of the duty to defend analysis Clearing up the pollution of the duty to defend analysis
Bullying is indefensible
Bullying is indefensible Bullying is indefensible
Promisor’s knowledge of facts is critical to proving promissory estoppel
Limitation period clock does not restart when a plaintiff goes to law school
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
The tort of intrusion upon seclusion is not accidental
Slippery slope not expected or intended Slippery slope not expected or intended
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Broker ordered to pay replacement cost where insured could not replace because of coverage denial Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Homeowner and auto insurers have a concurrent duty to defend against injuries arising from the insured sledgehammering a piece of his vehicle in his backyard
Wrapping up the duty to defend Wrapping up the duty to defend
Ambiguous exclusions are meaningless Ambiguous exclusions are meaningless
Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint
“No good deed goes uncovered”: Insurer ordered to indemnify floor damage caused by application of de-icer to prevent risk of slipping in freezing temperatures
The written word carries the day
The written word carries the day The written word carries the day
Don’t lose sight of the forest for the trees when considering a duty to defend
Don’t lose sight of the forest for the trees when considering a duty to defend Don’t lose sight of the forest for the trees when considering a duty to defend
Innocent plaintiff denied coverage due to marijuana exclusion clause
Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy