Insurance Law Monthly
Business interruption insurance: physical damage
In MDS Inc and Another v Factory Mutual Insurance Co 2021 ONCA 594 the Ontario Court of Appeal, reversing a very lengthy first instance decision, has confirmed that loss of use is not physical damage for the purposes of a business interruption policy. Although this was not a Covid-19 case, the judgment confirms that physical damage requires some form of change in the subject matter and not simply an inability to use the subject matter.
: the facts
The rest of this document is only available to i-law.com online subscribers.
If you are already a subscriber, click login button.Login