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Decision clarifies dispute resolution for international insurance policies

Friday, February 02, 2018 @ 9:09 AM | By Nina Bombier

International insurance policies often include both a mandatory arbitration clause and a domestic “Action Against Insurer” endorsement which provides procedural steps including for service of an action against the insurer.

This seemingly contradictory language led to confusion as to the proper forum for dispute resolution in Trade Finance Solutions Inc. v Equinox Global Limited 2018 ONCA 12. In its recent decision, the Court of Appeal for Ontario provides clarity on the proper interpretation of such agreements so that parties may submit their grievances to the proper...