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Exclusions from professional liability insurance

Exclusions

Exclusions

This contract is not applicable to bodily injury or property damages

1. Prior claims

Arising out of claims already received by the Insured at the time of inception of this policy.

2. Means of transportation

Arising out of the ownership, existence, use or operation by the Insured or on his behalf:

A) of any aircraft, ship or boat of which the registered gross weight exceeds 10 tonnes, and which is partially or totally owned by the Insured or registered in its name;

B) of any automotive land vehicle (partially or totally owned by the Insured or registered in his name) and trailers or semi-trailers, whether attached or not (including accessories, equipment and material attached thereto or mounted thereon), except for the following vehicles and their trailers, accessories, equipment and material:

  1. tractors (other than road tractors meant for pulling trailers or semi-trailers), steamrollers, graders, scrapers, bulldozers, road surfacing equipment, cement mixers (except cement-mixer trucks) and fork lifts;
  2. automotive land vehicles meant for use on the premises only (including adjoining roads) of which the named Insured is the owner or lessee, even though they may occasionally be used on public roads.

3. Airports

Caused by the Insured while carrying out a criminal act or while mentally disturbed owing to alcohol or narcotics. This exclusion does not, however, apply to any Insured who is neither responsible for nor an accomplice in such an act.

4. Criminal act

Caused by the Insured while carrying out a criminal act or while mentally disturbed owing to alcohol or narcotics. This exclusion does not, however, apply to any Insured who is neither responsible for nor an accomplice in such an act.

5. Damages intentionally provoked​

Arising out of intentional remarks made by the Insured, unless they were made with a view to protecting in good faith an individual or property; this exclusion does not, however, apply to any Insured who is neither responsible for nor an accomplice in such an act.

6. War risks

Damages resulting directly or indirectly from war, invasion, foreign enemy’s actions, hostilities (whether war be declared or not), civil war, rebellion, revolution or insurrection.

7. Pollution

Resulting from pollution unless the cause of loss is an accident.

8. Nuclear energy

A) Damages for which an Insured under this policy is also insured under a contract of nuclear energy liability insurance (whether or not the Insured is named in such contract and whether or not it is legally enforceable by the Insured) issued by the Nuclear Insurance Association of Canada or any other insurers, or pool of insurers, or who would be an Insured under any such policy before its termination upon exhaustion of its limit of liability; nor;

B) Damages resulting directly or indirectly from the nuclear energy hazards arising from:

  1. the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an Insured;
  2. provision by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility;
  3. the possession, consumption, use, handling, disposal or transportation of radioactive material (except radioactive isotopes, away from a nuclear facility) used, distributed, handled or sold by an Insured.

This insurance contract does not apply to personal damages:

9. Act respecting industrial accidents and occupational diseases

Resulting from the liability imposed by law with relation to workplace accidents.

This insurance contract does not apply to property damage caused:

10. Private property

A) in relation to goods belonging to the Insured or for which the Insured is responsible and has the care or control. This exclusion does not, however, apply to:

  1. buildings rented, used or occupied by designated Insured;
  2. property belonging to employees or beneficiaries;
  3. elevators, escalators, hoists or airlifts and their contents up to a limit of ten thousand dollars ($10,000) per loss, caused by an accidental collision of the machine;
  4. automotive land vehicles not belonging to the Insured, up to a limit of ten thousand dollars ($10,000) per loss
  5. property damage resulting from the liability assumed under written agreements regarding loop-line, short-cuts, right-of-ways or other privileges required by railway transport companies or public utilities, under municipal, provincial or federal by-laws, or under agreements regarding elevators and escalators;

B) manufactured goods or products sold, handled or distributed by the Insured;

C) work carried out by the Insured or on his behalf, when a defect is the cause of loss;

D) the administration of fringe benefits programs resulting from:

  1. intentional acts carried out or remarks made with a view to causing harm;
  2. shortcomings on the part of the Insurers with regard to the execution of their contract;
  3. voluntary violations by the Insured with regard to legislation concerning industrial accidents, unemployment, social security or disability;
  4. poor performance of stocks compared with claims made by the Insured;
  5. advice given by the Insured with regard to whether or not participation in a stock purchase plan is advisable.

This insurance contract does not apply to any pecuniary loss resulting from attacks on personal integrity :

11. Labour relations

Prejudice caused to an employee by the administration, application or breaking of an individual or collective labour agreement in effect between the Insured and his employee(s).