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Business interruption coverage: What is physical damage under a Canadian commercial property policy?

By Deepshikha Dutt and Douglas B. B. Stewart
April 9, 2020
  • Coverage
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Introduction

The COVID-19 pandemic has interrupted supply chains and inevitably resulted in lost profits to various businesses along these chains. As businesses attempt to recover, they may look to their property insurers for compensation. There is uncertainty in the law as to how far typical commercial property insurance policies might stretch to potentially cover such claims.

In the recent decision, MDS Inc. v Factory Mutual Insurance Company (FM Global),1 the Ontario Superior Court of Justice broadly interpreted the term “physical damage” in an all-risk insurance policy to include the “impairment of function or use of tangible property.” It is important to keep in mind that this was decided on unique factual circumstances, with extensive expert evidence. Insurers should view this decision cautiously in light of their own policies’ language and the specific facts resulting in COVID-19-related claims that seek coverage for business losses.

Read the full article here.

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Deepshikha Dutt

About Deepshikha Dutt

Deepshikha Dutt is a commercial and civil litigator in Dentons’ Litigation and Dispute Resolution group. Her practice focuses on professional liability, class actions and insurance-related matters primarily dealing with directors and officers (D&O), and errors and omissions (E&O) liability.

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Douglas B. B. Stewart

About Douglas B. B. Stewart

Douglas is the lead of the Litigation and Dispute Resolution group in Toronto. His practice focuses on commercial and civil litigation with an emphasis on professional liability and insurance related matters. Douglas is a co-leader of Dentons’ Insurance Sector.

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