The Jewish Theological Society of Canda o/a Camp Ramah in Canada v. Arch Insurance Canada Ltd.
THE JEWISH THEOLOGICAL SOCIETY OF CANADA o/a CAMP RAMAH IN CANADA
Law Firm / Organization
Theall Group LLP
Lawyer(s)

Christiaan Jordaan

1310784 ONTARIO INC. d.b.a. CAMP MANITOU INC
Law Firm / Organization
Theall Group LLP
Lawyer(s)

Christiaan Jordaan

ARCH INSURANCE CANADA LTD.
THE SOVEREIGN GENERAL INSURANCE COMPANY
  • Case Overview:

    • Plaintiffs: Jewish Theological Society of Canada (Camp Ramah) and 1310784 Ontario Inc. (Camp Manitou).
    • Defendants: Arch Insurance Canada Ltd. (55%) and Sovereign General Insurance Company (45%).
    • The case addresses claims under insurance policies for business losses due to COVID-19 shutdowns. The plaintiffs sought additional compensation for Extra Expenses and Professional Fees under the policies.
  • Key Facts:

    • Both camps purchased insurance for May 2019–May 2020, which included a $1,000,000 Infectious Disease Extension (IDE).
    • Ontario’s COVID-19 regulations forced closures of the camps, and the insurers paid the $1,000,000 IDE limit.
    • Plaintiffs claimed additional amounts for Extra Expenses and Professional Fees, arguing these were separate from the IDE limit.
  • Issues:

    1. Whether Extra Expense coverage under Section III A is subject to the $1,000,000 IDE sublimit.
    2. Whether Professional Fees are subject to the $1,000,000 IDE sublimit.
    3. Determination of the indemnity period (not addressed due to other findings).
  • Court's Analysis:

    • Insurance policies were interpreted as a whole, and ambiguities were resolved per legal principles, emphasizing clarity and context.
    • The IDE expressly limited coverage to $1,000,000, "part of and not in addition to" Business Interruption coverage (including Extra Expenses).
    • Professional Fees, while covered under separate provisions, were also subject to the IDE sublimit unless explicitly stated otherwise in the policies.
  • Decision:

    • Extra Expense and Professional Fee claims are subject to the $1,000,000 IDE limit.
    • No further payments are due beyond the $1,000,000 already paid to each camp.
  • Costs:

    • Plaintiffs to pay defendants $20,000 for costs.
Superior Court of Justice - Ontario
CV-21-00660407-0000; CV-21-658910-0000
Insurance law
$ 20,000
Defendant