What is Factory's TDF limit?

British Columbia, Canada


The following excerpt is from Imperial Metals Corporation v Factory Mutual Insurance Company, 2022 BCSC 73 (CanLII):

Factory argues that the limit specified for TDF in the limits table, whether in the earth movement section or the TDF section, is CAD10,000,000 and, by virtue of the inclusive language in section 10(B), that limit includes all coverage for property damage and time element losses. Factory relies on Altru Health Systems v. American Protection Insurance Company, 238 F.3d 961 (8th Cir. 2001) for the proposition that the preamble unambiguously subjected all losses, including business interruption, to TDF sublimit.

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