Exclusionary Clause

Exclusionary Clause

A term in a sales contract that limits the remedies available to one or both parties to it in an action for breach of Warranty, statements made as to the quality of the goods sold. A provision of an insurance contract that prohibits recovery pursuant to its terms if certain designated circumstances occur.

The exclusionary clause contains the exceptions to insurance coverage upon which the insurer and insured have agreed prior to the execution of the policy.

References in periodicals archive ?
For instance, even in the laudable 18th Amendment of 2010, a new exclusionary clause was added to prevent a non-Muslim from becoming the Prime Minister.
This court concluded that because a "TCPA claim is inherently an invasion of privacy claim," TCPA claims fell under the policy's exclusionary clause.
In making this argument, a policyholder should also remind the insurer that California law requires Section 533 to be read narrowly, as courts have consistently held that Section 533 is treated as an exclusionary clause, and that the insurer bears the burden of proof to show that this section precludes coverage.
The purpose of a policy's exclusionary clause is to allow an insurer to protect itself from covering all automobiles available to the insured's use, even if the policy was bought for one automobile.
Instead, "[o]nly the most direct and obvious cause should be looked to for purposes of [applying an] exclusionary clause...".
(83) See Karroll v Silver Star Mountain Resorts Ltd (1988), 33 BCLR (2d) 160 at 164, 40 BLR 212 (SC) (on the rule that the relying party draw consumer's attention to the exclusionary clause).
This exclusionary clause has been in effect in some form or another since 2004.
Hudson Energy Co.: "The court must adopt the construction of an exclusionary clause urged by the insured as long as that construction is not unreasonable, even if the construction urged by the insurer appears to be more reasonable or a more accurate reflection of the parties' intent." As a general proposition, cyberrisk exclusions have not been fully tested in the courts.
The court said the term "auto" was not defined in the policy and this, coupled with language in an exclusionary clause pertaining to any motorized motor vehicle having less than four wheels, created an ambiguity that meant the policy would be construed against the insurer to cover a claim arising out of the operation of the rented golf cart.
(64) This change, which came in 1970, appeared in the form of an exclusionary clause that applied specifically to pollution related claims:
The identification controversy focuses on an "exclusionary clause" that essentially prohibits students with social maladjustment (SM) from receiving special education services under the criteria for emotional disturbance (ED).
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.