What is the effect of exclusion clauses in a personal injury policy?
Ontario, Canada
The following excerpt is from S.T. and G.M. v. Lanark Mutual, 2010 ONSC 3623 (CanLII):
29. Liability insurance is intended to provide indemnity against claims made by third parties, that is, persons who are not parties to or have no interest in the contract of insurance. Exclusion clauses have been viewed by some courts as designed to prevent collusive claims by members of the insured family and members of the household. Wawanesa Mutual Insurance v. Houston, [2004] SKCA 112. Such is not the case here.
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