Law360 Canada ( October 31, 2017, 8:42 AM EDT) -- Appeal by the petitioner, Coast Capital Savings Credit Union, from an order refusing to find an indemnity obligation owed by the respondents, the Liberty Mutual insurers. The petitioner was a defendant in a class proceeding alleging it imposed unlawful surcharges on members' foreign currency transactions. The claim alleged a failure to properly disclose those surcharges and a breach of the petitioner's contractual obligations to its members. The petitioner took the position that any such charges were authorized under the account agreement and/or, were not deceptive, and/or were levied by third party entities that provided the network to facilitate the transactions. The petitioner applied for an order requiring the respondents to indemnify it for defence costs pursuant to a professional liability insurance policy. A chambers judge denied the relief sought on the basis that an exclusion clause in the insurance contract regarding claims based upon charges for services applied to the class proceeding claims. The petitioner appealed....