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Voluntary Payment Clauses and Pre-Tender Expenses

Readers of this newsletter may be aware that liability insurance policies commonly impose, by written condition, obligations on the insured to given timely notice of a claim, to cooperate with the insurer’s defence of a claim and, by way of ‘voluntary payment clause’, provide that any expense the insured may incur without the consent of…

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The Applicability of the Absolute Pollution Exclusion Clause in Canada

The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the…

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