THE ESTATE OF ARBABBAHRAMI V MSH INTERNATIONAL (CANADA) LTD AND ANOTHER

2022 ONSC 5723, Ontario Superior Court of Justice, Justice Robert Centa, 11 October 2022

Insurance (life and accident) – Assured killed when aircraft brought down by Iranian missiles – Policy exclusion for war, undeclared war and military or usurped power – Whether exclusions applied

AA was insured under a policy providing benefits in the event of accidental death. The policy excluded any loss “related in whole or in part, directly or indirectly to ... an act of declared or undeclared war, civil war, rebellion, revolution, insurrection, military or usurped power ...”. AA was killed on 8 January 2020 while a passenger on a Ukraine International Airlines flight bound for Kyiv which was shot down by one or two surface-to-air missiles shortly after take-off at Tehran. The missiles had been launched at an airbase in Iraq used by the US.