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ARTICLE · 28 SEPTEMBER 2020

Additional Insureds: What Does "Arising Out Of The Operations" Mean?

Many contracts call for one company to add another company as an additional insured on a policy of insurance.

CanadaInsurance

Many contracts call for one company to add another company as an additional insured on a policy of insurance. This is common in the construction industry. It is also common in several other circumstances. For example, a shopping centre owner may require its security contractor and maintenance contractor to add the owner as an additional insured.

Usually, the insurance policy covers the owner's liability “arising out of the operations” of the contractor.

Purpose of Additional Insured Endorsement

In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,   2020 ONCA 558 (”Sky Clean”), the Ontario Court of Appeal noted that the inclusion of the owner under the contractor's commercial general liability policy is an efficient and cost-effective way of allocating risks that arise out of the contractor's operations under the contract.

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