What is the current interpretation of an accident policy?

British Columbia, Canada


The following excerpt is from Martin v. American International Assurance, 2001 BCCA 130 (CanLII):

Since at least 1889, the approach to the interpretation of an accident policy has been that set down by Lindley L.J. in Cornish v. Accident Ins. Co., Ltd. (1889), 23 Q.B.D. 453 at 456: …the whole document must be studied and the object of the parties to it must be steadily borne in mind. The object of the contract is to ensure against accidental death and injuries, and the contract must not be construed so as to defeat that object, nor so as to render it practically illusory…. In a case on the line, in a case of real doubt, the policy ought to be construed most strongly against the insurers; they frame the policy and insert the exceptions.

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