Ca: How the court bolstered an insurer’s exclusion for privacy breach

David Gambrill reports:

Acting recklessly in breaching the confidential medical files of patients effectively falls within a hospital insurer’s commercial policy exclusion for committing an ‘intentional act,’ Ontario’s top court has ruled.

The Ontario Court of Appeal found a hospital insurer, the Healthcare Insurance Reciprocal of Canada, does not have a duty to defend a legal action brought against a former hospital employee who allegedly accessed thousands of patients’ medical records over a decade to help feed a personal drug addiction.

Read more at Canadian Underwriter.

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