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A review of the literature suggested that the problem of eligibility for special education services under the classification of ED is compounded by definitional problems surrounding the terms ED and SM as well as ambiguity associated with the exclusionary clause (Gresham, 2007; Hughes & Bray, 2004; Merrill & Walker, 2004; Olympia et al.
The onus then shifts to the Insurer to show that the facts alleged in the pleadings fall unambiguously within an exclusionary clause such that there is no possibility that liability to indemnify could result from the underlying action (para.
4th) 496 (relief from an exclusionary clause should be granted only if the clause is unconscionable seen "in light of the entire agreement" O.
Love may conquer all, but there's an exclusionary clause when it comes to money.
Any decision on Chinese drywall would depend on the jurisdiction, the specific exclusionary clause and the yet-to-be-determined cause of the losses.
Pharmanex also argued that the term "article" as used in the exclusionary clause was unambiguous.
According to the majority "the deliberate constriction of one's windpipe with the purpose of depriving the brain of oxygen is an intentionally self-inflicted injury within the meaning of the policy's exclusionary clause.
In deciding how narrowly to interpret an exclusionary clause, courts may be influenced by internal memoranda between the insurance company and the insured that indicate what coverage the insured expected and what the insurance company intended to provide.
The Court reasoned that the context of the exclusionary clause unambiguously revealed the parties' intention.
The exclusionary clause states that the accountant is performing only those services noted in the letter and no others.
Here, the au sen cors phrase occurs within an exclusionary clause (saul .
The Tax Court held that the contract was in fact a wagering contract, thereby making the exclusionary clause provided in Section 221b)(1} of the 1939 Code inapplicable and requiring the full amount of the proceeds to be included in gross income.