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Anti-concurrent cause, Ontario style

posted 131 weeks ago on Insurance Coverage Blog

I saw an interesting case on anti-concurrent cause language in a liability policy on the blog for the Cavanagh Williams firm in Ottawa. Here's a copy of the case, Appin v. Economical Ins. Co., in the Ontario Court of Appeals. The decision was handed down in mid-February.The court referred to it by another name -- the concurrent exclusion clause -- but it is worded more or less the same as the kind of anti-concurrent cause clauses we have discussed at length here, except for one thing: this provision is in the liability form of a Commercial General Liability policy, and is attached to a mold exclusion.The purpose of the anti-concurrent cause language in the policy appears to be to reinforce the exclusion's status as an "absolute" mold exclusion -- no matter what co
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