Accidental death benefit awarded for Flight PS752 victim; war and military power exclusions did not apply.
The plaintiffs brought a motion for partial summary judgment seeking payment of an accidental death benefit and other expenses under an insurance policy following the death of an international student in the downing of Ukraine International Airlines Flight PS752 by Iranian missiles.
The defendant insurers argued the claim was excluded under a clause denying coverage for losses related to an act of declared or undeclared war, or military or usurped power.
The court excluded the defendants' expert evidence on the ultimate issue of policy interpretation.
Relying on the Canadian Forensic Examination and Assessment Team report, the court found the missile strike was not premeditated and did not constitute an act of war or an act of a usurped power.
The court granted partial summary judgment for the $100,000 accidental death benefit but dismissed the claim for repatriation and travel expenses without prejudice due to a lack of evidence.
SCJSuperior Court of JusticeOct 11, 2022
