Can a clause in a policy that states that an insurer may deny coverage, such as s. 1.4 of the policy, be interpreted as "may" preclude coverage?
Ontario, Canada
The following excerpt is from Bruinsma v. Cresswell, 2013 ONCA 111 (CanLII):
I will, however, comment that I do not endorse the motion judge's reasoning that a clause, such as s. 1.4 of the policy, providing that an insurer "may" deny coverage, cannot preclude coverage. Such an interpretation would render s. 1.4 meaningless. To the extent that Matt v. Crawford relied on the same reasoning, I disagree with that case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
If an insurance policy question is ambiguous and open to multiple interpretations and leads an applicant for insurance coverage to provide incorrect information, must the answer be resolved as against the insurer? (Ontario, Canada)
What is the current state of the insurance industry's position on the insurance market when it comes to insurance coverage? (Ontario, Canada)
Is there any case law supporting the interpretation of coverage provisions in a private insurance policy? (Ontario, Canada)
In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
How have the words “subject to 75% co-insurance” been interpreted in a fire insurance policy? (Ontario, Canada)
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy? (Ontario, Canada)
What is the current state of the law in Canada with respect to insurance coverage? (Ontario, Canada)
How has the exclusionary clause in motor vehicle accident insurance been interpreted? (Ontario, Canada)
Does a release clause in a release agreement apply to a beneficiary of a RRSP and life insurance policy? (Ontario, Canada)
