The defendant insurer brought a summary judgment motion to dismiss the plaintiffs' claim for insurance coverage after fish were contaminated by oil from an ice-making machine during processing.
The insurer relied on the 'Process Clause' and 'Fault in Preparation' exclusions in the all-risk policy.
The court dismissed the insurer's motion and granted summary judgment in favour of the plaintiffs, finding that the accidental contamination was a fortuitous event not intended as part of the processing or preparation, and therefore the exclusions did not apply.
