The Duty to Defend: A Clarion Call

25. July 2023 0
The insurer was required to defend an additional insured because there was at least a mere possibility of coverage based on the allegations in the pleading. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Surrey (City) ...

O what a tangled web…

13. September 2022 0
Insurance law – Liability law – Product liability – Property damage – Umbrella policies – Series of related occurrences – Definition – Commercial general liability insurance – Exclusions Dana Canada Corp. v. XL Specialty Insurance Co., [2022] O.J. No. 3281, 2022 ONSC 4214, Ontario Superior Court of Justice, July 18, 2022, J.T. Akbarali J. Dana ...

Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters

Insurance law – Homeowner’s insurance – Commercial general liability insurance – Duty to defend – Duties and liabilities of insurer – Duties and liabilities of insured Security National Insurance Co. v. Gore Mutual Insurance Co., [2022] O.J. No. 1603, 2022 ONSC 2083, Ontario Superior Court of Justice, April 4, 2022, J.M. Fragomeni J. The insured owned ...

Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims

09. November 2021 0
Court of Appeal allowed insurer’s appeal, finding no ambiguity in corrosion exclusion, and underscoring importance of consistent interpretation of standard form insurance contracts. Insurance law – All-risk insurance – Exclusions – Business interruption – Interpretation of policy – Damages – Economic loss – Practice – Appeals – Duties and liabilities of insurer MDS Inc. v. ...