Canadian Underwriter


The Duty to Defend – Live Webinar

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by Risk Management Counsel of Canada (RMC)
February 04, 2021

When an insurance claim is filed, in many instances the first step is to determine if the claim is covered by the policy and if the insurer has a Duty to Defend. In this Risk Management Counsel of Canada (RMC) webinar, lawyers from across Canada will guide insurers through the steps to take to determine if coverage is available and how to effectively manage each file.

What Triggers the Duty to Defend
Messica Bari of Donati Maisonneuve will review the test to determine when an insurer has a Duty to Defend and provide examples from professional liability, CGL, property damage and product liability policies. Messica will also outline the potential consequences of denying coverage and how the Courts have ruled when plaintiffs have brought Wellington Motions.

Cross Indemnification Clauses
Game Changers: the impact of contractual insurance clauses and cross indemnification clauses on the Duty to Defend. Amanda Kostek of CBM Lawyers will cover clauses to watch for as well as evolving case law impacting an insurer’s Duty to Defend.

Defend vs Indemnify
Kelly Santini‘s Jennifer Therrien will discuss the key difference between the Duty to Defend and the Duty to Indemnify and provide insurers with a review of the key considerations when assessing an indemnity claim, including evaluating evidence, the limitation period, the burden of proof and the timeline leading to the claim.

Managing Duty to Defend Files
The webinar will conclude with a presentation by Caitlin Mahoney of Cox & Palmer on the pitfalls to avoid when managing files where the issues of Duty to Defend or indemnification arise and the internal steps insurers should take when these issues arise in multi-party claims.

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