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The Court of Appeal upheld the summary dismissal of a bakery's insurance claim for power outage losses based on clear policy exclusions.
The appellant, a commercial bakery, appealed a summary judgment dismissal of its insurance claim against Intact Insurance Company for losses resulting from a power outage caused by an ice storm in December 2013.
The losses claimed included stock spoilage and business interruption.
The motion judge found that exclusionary clauses in the insurance policy precluded coverage because the loss or damage to electrical transmission lines or distribution lines was not located on the appellant's premises.
The Court of Appeal upheld the summary judgment, finding no error in the motion judge's interpretation of the policy and rejecting the appellant's arguments regarding partial summary judgment principles and the need for expert evidence.
