Sentences with phrase «exclusion clause»

The Court of Appeal also dealt with the issue of ambiguity that had motivated the trial judge to conclude the pollution exclusion clause should not operate in this instance.

Otherwise, the normal principles of interpretation will apply, including the principle that coverage provisions will be interpreted broadly and exclusion clauses narrowly.

Typically, a suicide exclusion clause states that the insurance company does not have to payout if an insured person commits suicide within two years of the purchase of a policy.

Even if your life insurance company has not asked you any questions pertaining to suicide and / or depression, this two - year suicide exclusion clause may be listed in the fine print.

Many boat owners don't realise that insurance policies for boat operators often contain exclusions clauses affecting close family members of the owner living under the same roof.

Many insurance plans have exclusion clauses in the plan that say We will not cover any care related to gender transition.

In this issue: New Flamenco: Dancing with New Rules on Mitigation; Interpretation of Exclusion Clauses found in Commercial Contracts; Hong Kong court rejects claim of Crown Immunity, and allows enforcement against assets of PRC state - owned enterprise; Lehman Brothers Administration: Court considers what to do with the # 8 billion surplus; Litigation Funding: a review

[2] Both non-defending insurers sought to rely on exclusion clauses in their policies and extrinsic evidence to assert that there was no possibility of coverage.

It also rejected an argument that the judge should have considered whether any of the other exclusion clauses applied, even though the secretary of state had not sought to rely on them, because it was not obvious that they applied.

The trial court found that the pollution exclusion clause did not apply, making Hartford Fire Insurance Company liable for the claim.

The insurer denied coverage on the basis of a workmanship / design exclusion clause which read as follows:

These are the Unfair Contract Terms Act (UCTA), which deals with exclusion clauses, and the Unfair Terms in Consumer Contracts Regulations (UTCCR), which give effect to the EU's Unfair Terms Directive and cover a greater variety of non-negotiated terms.

The «faulty workmanship» exclusion clause read as follows:

The British Columbia Supreme Court recently released its decision in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company, [1] which considered for the first time in Canada the LEG 2/96 clause, a workmanship / design exclusion clause.

Huscroft J.A. pointed out that insurers draft their policies with full appreciation of the fact that the courts are required to interpret exclusion clauses narrowly and coverage clauses broadly.

Farmers» Insurance appealed arguing the Respondents had failed to adequately provide «proof of loss» and the trial judge had erred by failing to apply the «mechanical breakdown or derangement» and «pollution» exclusion clauses included in the policy.

Back in the day, any form of flying was considered extremely hazardous and most life insurance companies would either force the applicant to pay an exorbitant amount or they would add an aviation exclusion clause to the policy, in other words, if you died as the result of a plane crash, your beneficiaries wouldn't receive the death benefit.

In a recent case of Interactive E-Solutions v O3B the Court of Appeal held that exclusion clauses form an essential part of a contract when allocating risks between parties and should not be construed narrowly.

In his dissent, Justice Binnie worked his way through the three step test and found that there was nothing unconscionable about a sophisticated contractor such as Tercon entering into a contract with the Province which featured a broad exclusion clause prohibiting claims arising from «participation» in the RFP.

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.

Intact and Lafleur appealed the Application Judge's Order on the basis that the brief reasons provided were inadequate and did not take into account the application of the relevant exclusion clauses contained in the Intact policy.

NEW YORK — General liability insurance carriers can't use an environmental - pollution exclusion clause found in standard policies as a reason for refusing to defend property owners against tenant claims of lead - based paint injuries, a federal judge in Manhattan has ruled.

After his third hospitalisation, the insurance company rejected his claim citing a «genetic exclusion clause» in his renewed contract.

There is no pandemic exclusion clause related to medical treatment.

There is no pandemic exclusion clause related to medical evacuation

Ling Ong analyses an exceptional case of attribution in the context of an insurance policy exclusion clause

These are called exclusion clauses.

The software and the attorneys were asked to issue - spot topics like confidentiality, indemnification and various exclusion clauses.

The Court of Appeal was clear that if the parties had intended to exclude all damage caused by the actions under the control of the insured, that there was simple and direct language available to do so, in the form of exclusion clause LEG 1.

[8] The Court of Appeal applied the Ontario Superior Court decision of PCL Constructors Canada Inc. v. Allianz Global Risks US Insurance Company («PCL Contractors»), [9] which involved a similar exclusion clause that was interpreted as a deeming provision providing special treatment of loss or damage caused by faulty workmanship.

This means, according to the Court, that the «territorial clause» of the Association Agreement (Article 94) prevails, and accordingly, that the Liberalisation Agreement could not be understood as including Western Sahara in its territorial scope, thus making the insertion of an express exclusion clause unnecessary (Judgment para 109 - 115).

The Court recognized that there are instances in which exclusion clauses simply should not apply — the Court cited as examples cases where a supplier has provided products which are dangerous or defective and have caused illness or death, or threats to public or environmental safety.

Such revisions should be clear, but also contain as much detail as practically possible: ambiguous exclusion clauses will be read very narrowly under the doctrine of contra proferentum («against the offerer», i.e. the insurer).

The principal issue on appeal was whether either of the two exclusion clauses saved Unifund from having to defend and indemnify D.E. and L.E. in the underlying action.

Sometimes, it's that same exclusion clause.

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.

The seventh recital in the preamble to the Second Directive states that it is in the interest of victims that the effects of certain exclusion clauses should be limited to the relationship between the insurer and the person responsible for the accident.

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.

All policies include an «initial unemployment exclusion clause», which prevents claims from being made until a certain period has elapsed.

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...»).

Aviation Exclusion Clause: This is a common exclusion in life insurance policies indicating that coverage does not apply unless the insured person was a passenger on a regularly scheduled airline.

War Exclusion Clause: This is a provision in life insurance policies that death benefits will not be paid in the event that the insured person dies from war related causes.

• Broker / agent registration • Referral fee agreement • Listing exclusion clause • Designated national lenders • Pre-purchase valuation / inspections • Others

Won the appeal in Kudos Catering (UK) Ltd v Manchester Central Convention [2013] EWCA Civ 38 (CA), an important case on the construction and interpretation of exclusion clauses.

The appellant refused, relying on two exclusion clauses contained in the policy: