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Updated: 20/03/2005; 2:16:23 PM.

November 17, 2004

Claims Made Policy, Not Surprisingly, Requires a Claim to be Made
In The Jesuits Fathers of Upper Canada v. Guardian Insurance of Canada, the Ontario Court of Appeal considered the issue of the duty to defend under a claims made policy. The policies provided coverage for claims that were "first made against the insuted during the policy period".

The Court adopted the statement of the motions judge:

"A general understanding of a problem, in the absence of sufficient detail, will not constitute a 'claim' within the policy."

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