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Decision

Jun 12, 2008

2008 CanLII 28224 (ON S.C.)

Michelin v. ACE INA

Related Lawyer Michael S. Teitelbaum

This decision in which we acted for the insurer, is notable in that it is the first time that a Canadian court has considered an Employee Benefits Liability Endorsement in a Commercial General Liability (“CGL”) policy and the scope of coverage that it provides to an insured. Justice Pattillo, The Ontario Superior Court dismissed Michelin’s Application seeking a defence on the basis that the underlying procedures involved neither a “negligent act error omission” or  “administration”. [2008] O.J. No. 2328

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