Mr Shaun Hashim

Shaun Hashim

Updates

Insurance

Ontario court rejects well-established rules for interpreting insurance policy exclusions
Canada | 14 May 2019

The Ontario Superior Court of Justice recently concluded that insurance policies should be interpreted differently when multiple insurers are involved. This decision runs contrary to the basic rules of contractual interpretation and conflicts with well-established precedent. If followed, it could lead to commercially unreasonable results and erode the benefits of coverage available to insured parties.

Injury claim between cohabiting family covered by homeowner's policy despite household exclusion
Canada | 07 May 2019

An Ontario court recently found that a personal injury claim by a daughter against her mother was covered by homeowner's insurance. While the insurance policy contained an exclusion for claims arising from injury to "any person residing in [the] household", the court concluded that the daughter was a tenant under the policy and therefore the exclusion did not apply. This case serves as a reminder that policyholders' intentions when purchasing insurance can be critically important.