The applicants, Laridae Communications Inc. and Family and Children's Services of Lanark, Leeds and Grenville (FCS), brought applications seeking declarations that Co-operators General Insurance Company owed them a duty to defend in a third-party claim and a class proceeding, respectively, arising from a data breach.
Co-operators denied coverage based on "data exclusion" clauses in the insurance policies.
Co-operators also brought an application denying a duty to defend Laridae.
The court found that Co-operators failed to discharge its onus to prove the claims clearly fell within the exclusion clauses and that there was no possibility of coverage.
The court granted the applications of Laridae and FCS, declaring a duty to defend, and dismissed Co-operators' application.
