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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Courts reluctant to interfere with written beneficiary designations

Wednesday, April 05, 2017 @ 10:50 AM | By Michael Lesage

The interpretation of insurance contracts is one of the more settled areas of law. While courts consider a number of factors, as denoted in MacDonald v. Chicago Title Insurance Co. of Canada 2015 ONCA 842 and similar cases, the general rule of thumb is that the policy language controls. On occasion, this leads to perverse results, as occurred in the recent case of Moore v. Sweet 2017 ONCA 182. 

The Moore case involved a dispute over whether the current spouse, and listed irrevocable beneficiary, or the...