Reconstructing the Your Product Exclusion

Canadian Underwriter | January 1, 2008| | Copyright

In Axa Insurance v. Ani-Wall Concrete, Ontario Superior Court Justice Paul Perell adopted an approach to interpreting the "Your Product" Exclusion which, depending on the factual circumstances, further restricts its scope.

When applying the Your Product Exclusion, the courts usually find the cost of repairing or replacing the insured's own product is excluded by a Commercial General Liability policy, but any damage going beyond the insured's own product is covered. The leading example of this approach is the Ontario Court of Appeal's decision in Alie v. Bertrand & Frère Construction Co., ...

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