The “care, custody or management” exclusion clause, as reviewed and mentioned by the Supreme Court docket of Canada

By | October 24, 2018

The “care, custody or management” exclusion clause, as reviewed and mentioned by the Supreme Court docket of CanadaBy Patrick Henry, from our Insurance coverage Legislation Apply Group.
October 24, 2018 — A lodge operator presents travellers to park their automotive in its car parking zone whereas they’re on their winter trip. A automotive is stolen whereas its proprietor is away. The lodge operator’s legal responsibility is at stake. Should one conclude that the automotive was beneath its care, which might deprive it of insurance coverage protection beneath the “care, custody and management” clause?
That’s what the Supreme Court docket of Canada’s needed to determine in 3091‑5177 Québec inc. (Éconolodge Aéroport) v. Lombard Basic Insurance coverage Co. of Canada, 2018 SCC 43, launched on October 19.
Click on right here to learn extra (PDF).
See additionally Mr. Henry’s feedback when the Court docket of Attraction launched its determination.