The Defendant (the “Insured”) in a defamation action applied for a Declaration that it was entitled to a defence under the terms of a Directors’ & Officers’ Liability policy (the “Encon Policy”) and a Commercial General Liability policy (the “Co-Operators Policy”), and for a further Declaration that it was entitled to appoint its own counsel. The court held that Co-Operators had a duty to defend because some allegations in the pleadings fell within the realm of its duty to defend. The court further held that the Insured was entitled to appoint its own counsel at the expense of the Insurer.
04. March 2005 0
Conservation Council of New Brunswick Inc. v. Encon Group Inc.,  N.B.J. No. 109, New Brunswick Court of Queen’s Bench Trial Division