THE INSURANCE CONTRACT - Interpretation - Coverage provisions and exclusion clauses

Law360 Canada ( September 30, 2026, 9:34 AM EDT) -- Appeal by The Dominion of Canada General Insurance Company that did business as Travelers Canada (Dominion) against an application judge’s decision requiring it to defend an action and indemnify West York Sales and Leasing Inc. (West York). The insurer was Dominion, and the insured was West York. The policy was an automobile fleet policy (Policy). One of West York’s vehicles, a 2017 Honda Civic (the Vehicle), was involved in an automobile accident. At the time of the accident, West York had leased the Vehicle to 8182485 Canada Inc., o/a Platinum Car and Truck Rental (Platinum). During its investigation, Dominion discovered that the Vehicle had been leased by West York prior to the effective date of the Policy. Dominion sent a letter to Platinum denying the claim. Platinum accepted that there was no coverage for their claim. West York did not and commenced an application for coverage from Dominion. The application judge held that all West York’s vehicles, regardless of when they were leased, were automatically part of the schedule of automobiles covered by the Policy. Dominion claimed that the Policy clearly distinguished between vehicles owned or leased before the beginning of the Policy term that were not included in the original Schedule, and those owned or leased after the term began....
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