Is a variation of a personal injury policy enforceable?
Ontario, Canada
The following excerpt is from Eckardt v. Lancashire Insurance Co., 1900 CanLII 25 (ON CA):
In inserting variations upon their policies, the insurers assume the burden of shewing that they are just and reasonable to be exacted as part of their general contract with the insured; and if they stand, they must stand not because the insured has agreed to them or accepted them, but because they are in themselves just and reasonable to be exacted: May v. Standard Fire Ins. Co. (1880), 5 A.R. at p. 619.
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