Coverage issues may not be resolvable without a full trial when there are facts in dispute.
A fire burned down the student union building and the gym that was attached to the building. A dispute arose as to whether the losses sustained to the gym were covered by the CGL policy issued to the construction company. The property insurer brought an application for summary judgement. The court determined that it was not clear form the wording of the policy whether the gym was meant to be including in the CGL policy or not [in which case it would be covered by the property insurance]. The court found that determination of the issue would require a finding based on disputed facts and as such it was not a matter suitable for a summary trial.
Here is the case citation: University of Prince Edward Island v. Stevenson 2008 PESCTD 8. Prince Edward Island Supreme Court - Trial Division. D.H. Jenkins J. January 28, 2008.
I do not yet have a link to the decision.
This case was originally summarized by Cameron Elder and originally edited by David Pilley.
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