Canadian Underwriter

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duty to defend

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Court orders Travelers to defend “your work” exclusion case in Quebec

August 17, 2022 by David Gambrill

Quebec’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

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Good news for Quebec’s D&O insurance market

May 3, 2022 by David Gambrill

Quebec 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

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‘Professional activities’ exclusions: Why insurers must almost always defend

April 13, 2022 by David Gambrill

Quebec’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

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Court ruling in hockey claim could lead to more joint defence situations: legal expert

August 19, 2020 by David Gambrill

A 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

Michael Teitelbaum, Partner, Hughes Amys LLP
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Duty Affirmed

February 2, 2017 Michael Teitelbaum, Partner, Hughes Amys LLP

The 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.

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Double Duty

August 1, 2016 Hollis Bromley, Partner, Alexander Holburn Beaudin + Lang LLP

A 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.