Case Brief 3

Case Brief 3.2 discusses the Supreme Court of Canada's decision in Non- Marine Underwriters, Lloyds of London v Scalera. As a result of that decision

A) sexual abuse may involve a crime, but it never creates liability in tort.
B) it is now clear that an insurance company may, depending upon the wording of a liability insurance policy, deny coverage if the insured party intentionally committed a tort.
C) the plaintiff in the case was more likely to receive compensation.
D) liability insurance always defeats tort law's deterrence function.
E) liability insurance is never available if a tort is committed against a child.