Category Archives: Allocation of Defence Costs

These cases deal either with allocation of defence costs between covered and non-covered claims, or between insurers with overlapping coverage.

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 No Allocation Between Primary and Excess Insurers

In McKenzie v. Dominion of Canada General Insurance Company, released today, the Court of Appeal clarified the law with respect to overlapping insurance coverage and the order in which liability insurance policies must respond to a claim. In the Supreme … Continue reading

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Important Decision on Allocation of Defence Costs Between Covered and Non-covered Claims

Justice Denis Power of the Ontario Superior Court has released a significant ruling on the issue of allocation of defence costs. The case is Hanis v. The University of Western Ontario et al.; Guardian Insurance et al., third parties. As … Continue reading

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Insurer Liable for Insured’s Entire Defence Costs Although Only One Small Part of Claim Covered

In ARG Construction Corp. v. Allstate, a decision released last week, Justice Lee Ferrier of the Ontario Superior Court of Justice ruled on the apportionment of defence costs in an insurance dispute arising out of a construction claim. He held … Continue reading

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C.A. Says Excess Insurer Not Liable for Defence Costs

Last week, the Court of Appeal released a decision that addressed a recurring issue: “when will an excess insurer be required to contribute to defence costs incurred by a primary insurer in defending an action against a common insured?” It … Continue reading

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Court Allocates Defence Costs in Sexual Abuse Case

 In finding that an insurer has a duty to defend a sexual abuse claim, a Superior Court judge took the unusual extra step of allocating defence costs: 20% payable by the insurer and the 80% by the insured. The case … Continue reading

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