Category Archives: Duty to Defend

Cases dealing with “duty to defend” arising under various types of 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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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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C.A. Says Conviction for Careless Driving Doesn’t Allow Auto Insurer to Deny Coverage On the Basis of Intentional Act

In Savage v. Belecque, released last week, the Court of Appeal considered whether Allstate Insurance had been justified in denying coverage to a young driver and to his mother, the owner of the car, on the basis that the act … 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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Upon Payment of Policy Limits, Insurer No Longer Owes Duty to Defend

In a very significant decision, released yesterday, Justice Harrison Arrell has ruled that an automobile insurer that had paid its policy limits plus costs no longer owed any duty to defend its insured. In Dominion of Canada v. Kingsway Insurance, … Continue reading

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Court Finds Duty to Defend Action Based on Negligent Misrepresentation by Vendor of Home

UPDATE The Court of Appeal dismissed an appeal from this decision on October 6, 2010, in very brief reasons: “It is uncontested that the appellant insurer has the onus to show that the exclusion is clearly and unambiguously operative. It … 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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Snow Removal Contractor’s Insurer Ordered to Defend Property Owner Under “Additional Insured” Endorsement

Further addendum: The appeal of this decision was to have been heard in April, 2009 but was abandoned before then. Addendum: We have been advised that this decision is under appeal. Riocan Real Estate Investment Trust (O&Y Properties Inc.) v. … Continue reading

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