Keyword
duty to defend
Landmark opioid case wrestles with who defends among multiple insurers
March 1, 2024 by David GambrillWhen multiple commercial insurers are on the hook consecutively for long-tail claims spanning decades, defence costs should be allocated according to the proportion of time they were on risk, the Ontario Appeal Court ruled this week. The court’s landmark decision…
Trial to decide insurer’s duty to defend in seniors lodge explosion
July 24, 2023 by David GambrillIt’s going to take a trial to decide whether or not Co-operators General Insurance Company owes a duty to defend in a complicated legal case concerning a 2015 gas explosion that happened on a construction site at the Bow River…
Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack
April 14, 2023 by David GambrillIntact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…
Court orders Travelers to defend “your work” exclusion case in Quebec
August 17, 2022 by David GambrillQuebec’s Court of Appeal has rejected Traveler’s challenge of a Wellington-style motion that requires the insurer to defend a construction contractor in a “your work” exclusion case against Quebec’s attorney general. The appeal court also rejected Tuesday Traveler’s motion to…
Good news for Quebec’s D&O insurance market
May 3, 2022 by David GambrillQuebec has taken a big step towards aligning its duty to defend rules with those of other Canadian provinces, meaning certain insurance contracts in Quebec will be exempt from a legal requirement to pay for insurance defence costs above and…
‘Professional activities’ exclusions: Why insurers must almost always defend
April 13, 2022 by David GambrillQuebec’s Superior Court notes an insurer will almost always have a duty to defend an insured in disputes over policy exclusions for “professional activities.” “A review of the case law dealing with exclusion for ‘professional activities’ reveals that, in almost…
Court ruling in hockey claim could lead to more joint defence situations: legal expert
August 19, 2020 by David GambrillA recent Ontario Court of Appeal decision, in which a fan was injured by a hockey puck during a game, may lead to a shift toward joint claims handling at the outset of a claim when two insurers are potentially…
Duty Affirmed
February 2, 2017 Michael Teitelbaum, Partner, Hughes Amys LLPThe Court of Appeal for Ontario has affirmed the duty to defend in a recent case exploring if consequential or resulting damage attracts commercial general liability coverage. The decision is of interest because it negated the motion judge’s ruling, which seemed to be the first Canadian case to address if application of the “subcontractor exception” in the “your work” exclusion can be constrained by a finding that the subcontractor was engaged only as a supplier, and not a contractor.
Double Duty
August 1, 2016 Hollis Bromley, Partner, Alexander Holburn Beaudin + Lang LLPA recent ruling out of British Columbia reviewed the duty to defend in the context of forced labour and slavery allegations. The case addresses a number of weighty coverage considerations, including the “mere possibility” test and derivative pleadings.