Insured succeeded on summary judgment application as the insured had not voluntarily surrendered defibrillator units as a result of the purchaser’s fraudulent intent. The claim was not excluded as a conditional sale because there was no sale and no evidence of any agreement or intent to withhold title.
Insurance law – Commercial general liability insurance – All-risk – Fraud – Exclusion – Practice – Summary judgment Heart Zap Services Inc. v. Lloyd’s Underwriters, [2019] O.J. No. 3441, 2019 ONSC 3667, Ontario Superior Court of Justice, June 28, 2019, J.D. O’Flynn J. The insured is in the business of selling defibrillator units. The insured received an ...