Category Archives: CGL

Cases involving interpretation of Commercial General Liability insurance policies.

New “duty to defend” decision good news for additional insureds

Justice Carole J. Brown’s decision in Dufferin Construction v The Dominion of Canada, 2015 ONSC 6311 (CanLII) deals with a situation very commonly seen in additional insured/duty to defend cases: the insurer denies coverage to the additional insured, relying on a … Continue reading

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Duty to indemnify sometimes broader than duty to defend?

Mr. Justice Timothy D. Ray just released a decision that is something of an anomaly: he ruled that a liability insurer did not owe a duty to defend two individuals who had been sued for defamation. But he acknowledged that … Continue reading

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Contractual Risk Transfer: A Review of Recent Authorities on Additional Insured Endorsements, Covenants to Insure and Subrogation Bars

NOTE: The decision of Justice Morgan in Sanofi Pasteur Limited v. UPS SCS, Inc. et al., 2014 ONSC 2695 (CanLII), discussed in this post, was upheld in the Court of Appeal: 2015 ONCA 88 (CanLII). Also, the decision of Justice Metivier … Continue reading

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Recent “Additional Insured” Cases Take Differing Approaches to Allocation of Defence Costs

Georgian Downs Limited v. State Farm Fire and Casualty Company, 2013 ONSC 2110 (CanLII) is a recent decision on the subject of additional insureds, about which I have written in earlier posts. (See particularly here.) The decision of Justice Gregory … Continue reading

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Recent “additional insured” decisions continue confusing Ontario jurisprudence

In various contractual settings, one party assumes an obligation to have the other included in the former’s insurance policy as an “additional insured”. This has been a fertile source of work for lawyers practising in the insurance field because the … Continue reading

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Court Finds Duty to Defend but Refuses Insured’s Request to Appoint Own Counsel

In PCL Constructors Canada v. Lumbermens Casualty Company Kemper Canada, Madam Justice Julie A. Thorburn dealt with the recurring problem of whether an insurer owes a duty to defend and if so, whether the insured is entitled to have its own counsel … Continue reading

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Additional Insured Entitled to Defence, But Only A Limited One

Atlific Hotels and Resorts Ltd. v. Aviva Insurance Company of Canada is the latest chapter in the ongoing (and evolving) story of “additional insureds”. The latest installment was written by Mr. Justice Edward P. Belobaba. In the underlying lawsuit, the … Continue reading

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C.A. Adopts Broad Interpretation of “Subcontractor” in CGL “Your Work” Exclusion

This afternoon, the Court of Appeal released its decision in AXA Insurance v. Ani-Wall Concrete Forming. (We previously commented here on the decision of Perell J. from which the appeal was taken.) The issue in the case was whether Ani-Wall … Continue reading

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C.A. Dismisses Appeal in “Flying Ladder” Case

In CUMIS General Insurance Company v. 1319273 Ontario Ltd., the Court of Appeal was dealing with a coverage question involving a CGL policy. In the underlying action, the plaintiff motorcyclist had been seriously injured when a ladder flew off a … Continue reading

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C.A. Says Damage to Building’s Foundation Not Part of General Contractor’s “Work”

In York Region Condominium Corporation No. 772 v. Lombard Canada Ltd., the Court of Appeal rejected the appeal by Lombard from a judgment holding that its CGL policy covered a claim against its insured, a general contractor. The plaintiff condominium … Continue reading

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