- April 8, 2012
- by Chris Morrison
- Insurance, Morrison, Pollution, Quesnelle,
On April 2, 2012, Justice Richetti of the Superior Court of Justice released his decision in De Marco v. The Dominion of Canada General Insurance Company. In this application, DeMarco brought an application against Will Davidson’s client, The Dominion, seeking a declaration that The Dominion had an obligation to defend and indemnify its insured against a lawsuit brought by its landlord for contamination to a Gas Station which had allegedly occurred over a period of many years.
In Court, Chris Morrison and Stephanie Quesnelle argued on behalf of The Dominion that it had sold a policy of insurance for a premium that was based on not having to respond to claims of this nature, that the policy was clear and unambiguous and that the entire claim was excluded.
Justice Richetti agreed with these submissions noting that The Dominion was an “innocent” party in these transactions and should not have to cover a risk it clearly had excluded.