The Court considered the indemnity and defence obligations of an insurer under a project professional liability policy and held that: the practice policies of the insureds were required to be disclosed to the insurer on a confidential basis; payment for covered claims should be made according to the first-come, first-served principle until the Policy limits were exhausted; and that the insurer required the consent only of the insured making the claim for coverage which was the subject of a recommended settlement, rather than the consent of all of the insureds
Commerce & Industry Insurance Co. Canada, Inc. v. Singleton Associated Engineering Ltd., [2005] A.J. No. 886, Alberta Court of Queen’s Bench