What is the exclusion clause in a personal injury claim?
Ontario, Canada
The following excerpt is from Deloitte & Touche Inc. v. Bennett, 2006 CanLII 16484 (ON SC):
This type of exclusion clause is commonly referred to as an "insured v. insured" exclusion. The underlying reason for such a [page393] so-called exclusion clause is to prevent abusive actions instigated with collusion between insureds, such as, for example, where a company may have suffered a loss by virtue of a business decision due to an error in judgment of the directors who might then cause the company to sue themselves with a view to indemnity from the insurer.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
How have courts interpreted a limitation or exclusion of liability clause in a personal injury case? (Ontario, Canada)
What is the effect of exclusion clauses in a personal injury policy? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
What are the consequences of a personal injury claim being awarded personally against a lawyer? (Ontario, Canada)
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What is the test for determining that a claim is not without merit in a personal injury case? (Ontario, Canada)
Is an equalization claim against a bankrupt spouse personalized and personalized? (Ontario, Canada)
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff? (Ontario, Canada)
