A recent decision rendered by the Superior Court on this topic, which was later appealed, arose from the following factual context. The Ace-Ina Insurance Company instituted an action in subrogation against the defendants, Mr. Demers (“Demers”) and the parents of Mr. X (“X”), a minor, further to a fire in a garage where portable golf course equipment had been stored, and for which the plaintiff indemnified the insured. More specifically, because Mr. X was a minor, his parents were sued personally, as the guardians of a minor. Let it be noted that in this case, the parents were not found personally liable; instead they were condemned only in their capacity as guardians.
Has the Insurer which, in its Defence, Failed to Repeat the Exclusion Clause of the Insurance Policy Word for Word, Either Restricted or Limited its Claims Regarding the Exclusion it is Invoking?
May 2012
Donati Maisonneuve, Quebec

