The Parties - an insurer and a commercial insured - submitted the insurance policy and an Agreed Statement of Facts for a determination of coverage, pursuant to Rule 7.2. By agreement, the Application proceeded as a desktop Application. The Chambers Judge concluded that the circumstances described in the Agreed Statement of Facts were not excluded by the insurance policy. The insurer appealed.

Reviewing on a correctness standard, the Court of Appeal disagreed with the Chambers Judge and found that the circumstances described in the Agreed Statement of Facts were excluded by the policy, disentitling the insured from indemnity under the policy. Accordingly, the Appeal was allowed.