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Insurer has duty to defend in pollution exclusion claim

Canada - March 14 2017 Because the pleading did not allege sufficient facts about how the pollution escaped from the insured's underground storage tanks, there was a…

Kora Paciorek

Loss suffered by restaurant owners excluded under insurance policy’s Freezing Exclusion

Canada, USA - March 14 2017 Damage to the insureds' restaurant was caused by two freezing incidents and was excluded from coverage by the freezing exclusion which provided that…

Aaron Atkinson

Ontario court finds insurance contract “read as a whole” provides for alternative methods of proceeding where terms of contract are in dispute

Canada - March 14 2017 Insurer's motion for a stay of proceedings based on an arbitration clause in the insurance policy was dismissed because the declarations endorsement…

Aaron Atkinson

Ontario court dismisses insurer’s application for order compelling insured to undergo neuropsychological testing

Canada - February 14 2017 The insurer’s application for an order compelling the insured to undergo neuropsychological testing was dismissed as neuropsychological or cognitive…

Michael Robinson

Disabled employee not entitled to payments until age 65 despite insurer’s previous agreement to continue paying outside of contract of insurance

Canada - February 14 2017 The insurer’s agreement to continue paying disability benefits to a previously disabled employee did not amount to a contract of insurance obligating…

Michael Robinson