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Ontario Court of Appeal clarifies application of pollution exclusion clauses in commercial general liability policies

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • June 30 2011

In ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate), 2011 ONCA 321, the Ontario Court of Appeal held that a “Pollution Liability” exclusion clause in a Commercial General Liability (CGL) insurance policy will apply where the insured participated in an activity that posed a known risk of pollution and environmental damage