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Category Archives: Exclusions
C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion
This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall … Continue reading
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C.A. Dismisses Appeal in “Flying Ladder” Case
In CUMIS General Insurance Company v. 1319273 Ontario Ltd., the Court of Appeal was dealing with a coverage question involving a CGL policy. In the underlying action, the plaintiff motorcyclist had been seriously injured when a ladder flew off a … Continue reading
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C.A. Says Damage to Building’s Foundation Not Part of General Contractor’s “Work”
In York Region Condominium Corporation No. 772 v. Lombard Canada Ltd., the Court of Appeal rejected the appeal by Lombard from a judgment holding that its CGL policy covered a claim against its insured, a general contractor. The plaintiff condominium … Continue reading
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C.A. Rejects Insurer’s Interpretation of “Anti-concurrent causation” clause
Addendum: On July 31, 2008, the Supreme Court of Canada refused leave to appeal from the decision of the Court of Appeal that was discussed in this post. In Appin Realty Corporation Limited v. Economical Mutual Insurance Company, the Court … Continue reading
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CGL Exclusions Held Not to Apply
AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. involved the familiar “your work”, “your product” and “rip and tear” exclusions in a CGL policy. A concrete forming contractor, Ani-Wall Concrete Forming, was alleged to have used defective concrete in constructing … Continue reading
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Duty to Defend Held to Exist, Despite “Anti-Concurrent Causation” Clause in Policy
Decision of Justice Kershman dated Aug 10, 2007.pdf Our office acted for the insured in what is, so far as we can determine, the first decision to consider whether a duty to defend was owed by an insurer whose policy … Continue reading
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C.A. Says Relief from Forfeiture only Available for Post-loss Events
In Williams v. York Fire & Casualty Insurance Company, released today by the Court of Appeal, the court was dealing with a fact situation that often comes up. A driver was involved in an accident. When the accident occurred, the … Continue reading
Posted in Auto, Exclusions, Insurance News
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Negligent Placement of Ladder on Roof of Truck Excluded Under CGL
In Cumis General Insurance Company v. 1319273 Ontario Ltd., Mr. Justice David Brown dealt with an interesting coverage dispute. Cumis had applied for a ruling on whether it owed a duty to defend its insured, the numbered company, in an … Continue reading
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Late Notice of U.S. Trademark Infringement Claim Means No Insurance Coverage for Related Claim in Canada
Mr. Justice Roydon J. Kealey of the Superior Court has granted summary judgment, dismissing the plaintiff’s action in Ideal Roofing Company v. Royal & SunAlliance Insurance Company. Our office acted for Royal, the successful moving party. The basis of the … Continue reading
Posted in Advertising Injury, CGL, Exclusions, Insurance News
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S.C.C. Weighs In on Claims-Made Policies
The Supreme Court of Canada released its decision in Jesuit Fathers of Upper Canada v. Guardian Insurance last Thursday. This is an important decision for anyone working or practising in the field of insurance law. In addition to its adjudication … Continue reading
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