Can a business interruption policy insures against loss resulting directly from necessary interruption of business caused by damage to or personal property?

Alberta, Canada


The following excerpt is from Triple Five Corp. v. Simcoe & Erie Group, 1994 CanLII 9186 (AB QB):

The learned trial judge holds (at 2, 3): "It is clear from Paragraph 1 of the business interruption form that the policy insures against loss resulting directly from necessary interruption of business caused by damage to or destruction of real or personal property. This is an all-risk policy of insurance, which creates coverage for a wide range of losses, and coverage under an all risk policy will be allowed unless the policy contains specific provision expressly excluding a loss from coverage. (Cases cited) Further, for coverage to exist under an all risk policy, the loss must be fortuitous and not result wholly from an inherent defect in the subject matter. Avis v. Hartford Fire Insurance Co. 195 S.E.2d 545."

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