Sentences with phrase «by the exclusion clause»

At first instance, the trial judge found that Interactive was unable to establish an arguable cause of action that was not precluded by the exclusion clause.

Not exact matches

Those choosing a religious school will invoke the Free Exercise clause of the First Amendment to challenge the exclusion imposed by the state constitution.

In the case of Rwandan refugees who are estimated at 1 600 (0.5 % of the global Rwandan refugee population), 4 protection challenges do not only emanate from socio - economic exclusion but also from the United Nations High Commissioner for Refugees (UNHCR)'s recommendation that said Rwandan refugee status be revoked through the invocation of cessation clause in accordance with Articles 1C (5) and 1C (6) of the 1951 Refugee Convention.5 Added to this challenge are also those of insecurity, fear and terror, caused by an unending hunting down of Rwandan refugees who live in South Africa and elsewhere.

This seminar by Dov Ohrenstein was given to the Thames Valley Commercial Lawyers» Association and concerned the case law and statutory controls concerning exclusion and limitation of liability clauses and gives guidance as to how they can be drafted effectively.

-- Pharmaceutical Company v. Insurers: Confidential arbitration proceedings relating to liability insurance and its application to US pharmaceutical risks (policy governed by New York Law) giving rise to issues as to the scope of cover / exclusion clauses.

Crowden argued that this clause was inconsistent with the aim of a professional indemnity policy, which is to provide cover for losses caused by the IFA's negligence, and as an exclusion clause it should be construed narrowly.

It develops the finding in B&D by extending the application of the exclusion clause beyond the context of direct terrorist acts to a broad range of terrorist related activities.

However, the distinction is diminished in practice by the Court's finding that the criminal conviction is of «particular importance» in the asylum procedure and in particular in assessing whether or not the exclusion clause should apply.

This points to the final and most important connection between counter-terrorism law and the exclusion clause in particular; their joint normative origins in the UN legal system, where they are explicitly linked through instruments adopted by the UNSC itself.

The B.C. Court of Appeal did not consider the eligibility of the bid, but overturned the decision of the trial judge on the basis that the exclusion clause was applicable and barred any claim by Tercon.

By establishing the three step process instead of continuing to rely on the doctrine of fundamental breach, the Court has clarified the law and provided additional certainty for contractors and owners as well as those of us tasked with preparing exclusion clauses.

By: Jonnette Watson Hamilton PDF Version: For Golfers: A Classic Bailment Case with an Exclusion Clause Issue Case Commented On: Bloomer v Connaught Golf Club, 2017 ABPC 105 (CanLII) Bailment is an interesting legal concept because it is ubiquitous and because... Continue reading →

The scope of the exclusion clause will be reconsidered by the Court of Appeal.

The judge held that the delivery of a rig with a defective BOP was a breach of the drilling contract, but Transocean maintained that it could still claim day rates during the period of delay and that it was not liable for any spread costs by virtue of an exclusion clause in the contract.

The Court of Appeal (CA) has disagreed with the High Court's controversial first instance decision and found that a claim for spread costs was in fact successfully excluded by a consequential loss exclusion clause incorporated into a drilling contract.

Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent's homeowner's policy was held to exclude coverage for the parent.

Contractual provisions relating to notification of warranty claims will be treated by the courts as a form of exclusion clause and a narrow construction will be used to resolve ambiguity — lawyers drafting such clauses should consider them carefully and ensure that they are as clear as possible.

This shift in interpretive focus is exemplified by the court's refusal to consider the exclusion clause for prior claims once it concluded that the parties intended for the Lloyds Policy to cover such claims.

This exclusion included a clause that said it did not apply to a «use of reasonable force to protect persons or property,» meaning that injuries caused as a result of self - defense or defense of others would be covered by the policy.

In conclusion, it is important to remember your limitation or exclusion of liability clauses may not have the effect that is literally written because of restrictions and special treatment of certain types of damages and contracts, or the type of relationship of the parties involved provided by Quebec law.

The Court held that since the pollution exclusion clause specifically referred to property damage «caused by, or contributed to» by the release of pollutants, it meant that the policy would not cover liability associated with such a release, regardless of whether it was the sole or concurrent cause of the loss.

A pregnant lady is not covered if claims fall under exclusions of pregnancy clause imposed by the insurer at the time of issuing the policy.

Routinely, insurers will seek to minimise potential claims by including exclusion and condition clauses to limit the liability.

War Clause — Life insurers stopped using war exclusions in the 1970s, but for education's sake and because this clause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bClause — Life insurers stopped using war exclusions in the 1970s, but for education's sake and because this clause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bclause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bclause means that the insurer will not pay for loss or damage caused directly or indirectly by war.

In 1941, the insurance industry began to shift to the current system where covered risks are initially defined broadly in an «all risk» [16] or «all sums» [17] insuring agreement on a general policy form (e.g., «We will pay all sums that the insured becomes legally obligated to pay as damages...»), then narrowed down by subsequent exclusion clauses (e.g., «This insurance does not apply to...»).

If use clauses are not carefully negotiated, the result may be the exclusion of tenants the developer never suspected would be affected by the exclusive granted to another tenant.