Appeal Court Rejects Pollution Exclusion in Oil Overflow
In O’Byrne et al. v. Farmers’ Mutual Insurance Company (Lindsay), 2014 ONCA 543, the Ontario Court of Appeal has forced an insurer to pay for a fuel oil cleanup after a spill, despite a pollution exclusion clause. The case involved an “all risks” insurance policy. A tenant inserted a piece o…
View the post titled Appeal Court Rejects Pollution Exclusion in Oil OverflowDo Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?Home Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage…
View the post titled Home Insurance and the Pollution ExclusionReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.