The British Columbia Court of Appeal has challenged the standard interpretation of the "Acts of Insured" exclusion and imposed a "First Moment" test for determination of loss as applies to standard fidelity insurance policies. Insurers should review policy terms to consider the impact of the recent B.C. Court of Appeal decision in International Nesmont as it challenges the interpretation previously afforded to the "acts of Insured" exclusion found in all policies and as recognized by other Courts of Appeal in Canada.

type Fidelity Insurance Alert - March 26, 2002