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

25. July 2023 0
Agreements are a two-way street: while coverage under an insurance policy is to be interpreted generously as a matter of public policy, the Court will not favour an interpretation that amounts to ignoring the terms and wording of a policy. Insurance law – Commercial general liability insurance – Excess liability – Interpretation of policy – ...

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

14. February 2023 0
Insurance law – Homeowner’s insurance – Duty to defend – Interpretation of policy – Exclusions – Assault – Failure to supervise – Practice – Summary judgments Reeves v. Co-Operators General Insurance Co., [2022] B.C.J. No. 2499, 2022 BCSC 2258, British Columbia Supreme Court, December 23, 2022, C.L. Forth J. The insureds’ son, Isaac, was alleged ...

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

14. February 2023 0
Insurance law – Automobile insurance – Homeowner’s insurance – Accident – Definition – Ownership, use or operation of motor vehicle – Use of vehicle – Uninsured or underinsured motorist – Interpretation of policy Smith v. Taylor, [2022] O.J. No. 5436, 2022 ONSC 6889, Ontario Superior Court of Justice, December 8, 2022, M.J. Valente J. The ...