The Plaintiff primarily relied on a previous Court of Appeal decision (Lopez v ICBC) in which the Court of Appeal had held that the title to the section s. 106 «
Exclusion of other insured loss» meant that «any benefit» as used in s. 106 (1) at the very least required there to be some element of insurance to the benefit in question.
One key finding in Lopez was that the heading of the section «
Exclusion of other insured loss» meant that the section at the very least required an element of insurance be present in any benefit that would be subject to deduction.
Not exact matches
Emphasis upon it has been necessary in order to
insure it adequate attention as a genuine phase
of the total
of Hebrew thought and to show the measure
of ultimate attainment; for the conviction that Israel regarded the world and all within it as dependent upon the will and activity
of God has become axiomatic in our minds to the
exclusion of other possibilities.
The Court found that the interpretation
of insurance contracts involves a unique blend
of the general principles
of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language
of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour
of the
insured.23 Similarly
other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and
exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.
Having decided as a matter
of contract interpretation that the Luso mortgages are unambiguously excepted from coverage under Schedule B, we need not opine whether the motion judge was correct in concluding that Private Lending is also barred from recovery by an «
Exclusions from Coverage» provision, which excludes from coverage loss or damage arising by reason
of encumbrances, adverse claims, or
other matters «created, suffered, assumed or agreed to by the
insured claimant.»
Common
Exclusions: No coverage for (1) bodily injury / death when you are using your vehicle to carry persons or property (including magazines, newspapers, food) for compensation or a fee; (2) liability assumed under a contract; (3) bodily injury / death to an employee; (4) bodily injury / death caused by an intentional act; (5) property owned by, rented to, or in the charge
of an
insured person; (6) bodily injury / death to you or relative; (7) bodily injury / death or property damage resulting from a relative's use
of a vehicle,
other than a covered vehicle, owned by a person who resides with you; or (8) bodily injury or property damage resulting from your operation or use
of a vehicle owned by you,
other than a covered vehicle.
Subject to the Terms
of this insurance, including without limitation the
Exclusions set forth in Section T, the Conditions and Restrictions set forth below and the applicable Deductible and Coinsurance and
other limits and sub-limits as specified in the Schedule
of Benefits / Limits set forth in Section C, above, in the event the
Insured Person suffers or experiences an Unexpected recurrence
of a Pre-existing Condition during the Period
of Coverage for which immediate Treatment is essential and necessary to stabilize the Pre-existing Condition, the
Insured Person will be reimbursed up to US$ 5,000 for Eligible Medical Expenses incurred during the Period
of Coverage with respect to the Unexpected recurrence
of the Pre-existing Condition.
Co.
of Neb., 2012 S.D. 83, the state joined a number
of other states in invalidating «owned - but - not -
insured»
exclusions in uninsured motorist policies.
In Employers» Fire Insurance Co. v. Baker, 383 A. 2d 1005 (1978), the Rhode Island Supreme Court upheld an «owned - but - not -
insured»
exclusion, finding that the statute did not mandate the extension
of the policy to all
other vehicles that may be owned by a person but that are not
insured.
The Insurer will not pay for any loss or expense incurred as the result
of an Injury, Sickness or
other condition
of you, traveling companion, business partner or Immediate Family Member which, within the 60 day period immediately preceding and including your coverage effective date: first manifested itself or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment; or for which care or treatment was given or recommended by a Physician; or required the taking
of prescription drugs or medicines, unless the condition for which the drugs or medicines are taken remains controlled without any change in the prescription drugs or medicines.The Insurer will waive this
exclusion if the
Insured meets the following conditions:
(11) CANCELLATION BY
INSURED PERSON — The Insured Person shall have three (3) days from the Initial Effective Date of Coverage (the «Review Period») to review the benefits, conditions, limitations, exclusions and all other Terms of the Master Policy as evidenced and outlined by this Certi
INSURED PERSON — The
Insured Person shall have three (3) days from the Initial Effective Date of Coverage (the «Review Period») to review the benefits, conditions, limitations, exclusions and all other Terms of the Master Policy as evidenced and outlined by this Certi
Insured Person shall have three (3) days from the Initial Effective Date
of Coverage (the «Review Period») to review the benefits, conditions, limitations,
exclusions and all
other Terms
of the Master Policy as evidenced and outlined by this Certificate.
H. EMERGENCY MEDICAL EVACUATION BENEFIT — Subject to the applicable Maximum Limit set forth in the Schedule
of Benefits / Limits set forth in Section C, above, and the
other Terms
of this insurance, including the
Exclusions set forth in Section T and the Conditions and Restrictions set forth below, the Company will reimburse the
Insured Person for the following transportation costs, when the Company or Plan Administrator arranges such transportation, and expenses incurred by the
Insured Person arising out
of or in connection with an Emergency Medical Evacuation occurring while this Certificate is in effect and during the Period
of Coverage:
It's increasingly rare for a term life insurance company to refuse to
insure people because
of dangerous activities or to include
exclusions —
other than suicide
exclusions — in their policies.