Category Archives: Duty to Defend

Cases dealing with “duty to defend” arising under various types of insurance policies.

C.A. Clarifies Duty to Defend

Posted on January 25, 2006 by Stephen Cavanagh

This month, the Court of Appeal has released two decisions dealing with an insurer’s “duty to defend”.Kohanski v. St. Paul The first is Kohanski v. St. Paul Guarantee Insurance Company. The issue in the case was whether a duty to … Continue reading →

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

Posted on December 15, 2005 by Stephen Cavanagh

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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C.A. Allows Extrinsic Evidence in Finding Duty to Defend Snowmobile Claim

Posted on December 6, 2005 by Stephen Cavanagh

In McLean v. Jorgenson, released this afternoon, the Ontario Court of Appeal addressed the often-litigated issue of an insurer’s duty to defend. Its decision contained some interesting elements that are likely to have significance in future cases, particularly those involving … Continue reading →

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

Posted on July 25, 2005 by Stephen Cavanagh

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

Posted on May 10, 2005 by Stephen Cavanagh

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

Posted on April 5, 2005 by Stephen Cavanagh

 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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Insurer Must Defend Owner of Snowmobile

Posted on March 1, 2005 by Stephen Cavanagh

The Ontario Superior Court has ruled that TD General Insurance Company owes a duty to defend a liability claim arising out of a snowmobile accident, despite the company’s contention that it did not insure the owner of the snowmobile.

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Latest “Duty to Defend” Case

Posted on November 8, 2004 by Stephen Cavanagh

In A.R.G. Construction Corp. v. Allstate Insurance Co., Mr. Justice Ferrier of the Ontario Superior Court has provided an up-to-date review of the law pertaining to duty to defend, particularly in the context of a CGL policy. The decision can … Continue reading →

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C.A. Finds No Duty to Defend “Advertising Injury” Claim

Posted on June 16, 2004 by Stephen Cavanagh

We are especially pleased to bring you today’s Update. Minutes ago, the Court of Appeal released its decision in PrairieFyre Software v. St. Paul Fire and Marine, in which our firm acted for St. Paul. The case dealt with the … Continue reading →

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