Posts tagged Interpretation of policy

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Insurer liable to insured for damages relating to release of pollutants from a pipeline
Insurer liable to insured for damages relating to release of pollutants from a pipeline Insurer liable to insured for damages relating to release of pollutants from a pipeline Insurer liable to insured for damages relating to release of pollutants from a pipeline
No duty to defend the insured for claims arising out of prior litigation
No duty to defend the insured for claims arising out of prior litigation No duty to defend the insured for claims arising out of prior litigation
No by-law coverage for undamaged portions of an elevator shaft
No by-law coverage for undamaged portions of an elevator shaft No by-law coverage for undamaged portions of an elevator shaft
Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Compliance costs excluded under residential homeowners policy
Court paves path for pro rata distribution in insurance dispute with several claimants
Court paves path for pro rata distribution in insurance dispute with several claimants Court paves path for pro rata distribution in insurance dispute with several claimants
The Duty to Defend: A Clarion Call
The Duty to Defend: A Clarion Call The Duty to Defend: A Clarion Call
The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy
The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy
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
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”
Windfall from wildfire reduced covered loss
Windfall from wildfire reduced covered loss Windfall from wildfire reduced covered loss
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
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
Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition
Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition
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
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
Coverage dried up for desiccant supplier
Coverage dried up for desiccant supplier Coverage dried up for desiccant supplier
It’s a scorcher!
It’s a scorcher! It’s a scorcher!
Unclear warranty results in insurer owing a duty to defend a lawsuit for Mud Bog Event injury
Limit of liability for business losses applies to each business location
Limit of liability for business losses applies to each business location Limit of liability for business losses applies to each business location
Policy of credit risk insurance subject to limit of $100,000 across all buyers Policy of credit risk insurance subject to limit of $100,000 across all buyers
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
Insured alleged to have shaken baby not entitled to defence Insured alleged to have shaken baby not entitled to defence
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
Duty to defend for property damage claim less than deductible
Duty to defend for property damage claim less than deductible Duty to defend for property damage claim less than deductible
The tort of intrusion upon seclusion is not accidental
Insurer obligated to defend former directors of a credit union for a legal action commenced by the FRSA
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
Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC
Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC
Land and soil around insured home not insured based on policy language
Land and soil around insured home not insured based on policy language Land and soil around insured home not insured based on policy language
Ambiguous exclusions are meaningless Ambiguous exclusions are meaningless
No policy limit for mitigation of loss coverage No policy limit for mitigation of loss coverage
Subcontractor owes duty to indemnify and defend despite contractor’s obligation to obtain wrap up liability insurance for subcontractors
“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
Broad exclusion clause titled “Total Pollution Exclusion” deemed ambiguous
Intellectual property agreements are personal contracts
Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy