WP Magazine

Back to the Future:
No Coverage for Prior and Pending Litigation

Unlike Marty McFly, in Spinks v. Lloyd’s Underwriters, 2024 ONSC 42, the Court dismissed an application by the plaintiff as their claim for valuation and confidentiality did not fall within the policy’s scope. The duty to defend was also not triggered as both claims were excluded from coverage by the prior and pending litigation exclusion clause.