This application involved a contest between two Insurers over who had the duty to defend an Insured in a third party action. The Court held that, because the third party claim as pled was potentially within the coverage provided by each of the policies and did not fall squarely within the relevant exclusionary clauses; both Insurers were required to provide a defence to the Insured.

25. October 2006 0
Portage La Prairie Mutual Insurance Co. v. Commission du District d’amenagement du Madawaska, [2006] N.B.J. 454, New Brunswick Court of Queen’s Bench

Where an insurance policy provides indemnification for legal actions commenced against an insured, but is silent about providing indemnification for enforcing the insurer’s duty to defend a claim, the insurer is required to provide the insured with full indemnity for seeking a declaration of entitlement to coverage from the insured, when the insured is successful in obtaining a declaration of entitlement to a defence

12. October 2006 0
Lombard General Insurance Co. of Canada v. Crosbie Industrial Services Ltd., [2006] N.J. No. 276, Newfoundland Court of Appeal

The Ontario Court of Appeal dismissed the appeal of a trial judge’s finding that the Ministry of Health and Long-term Care was not jointly and severally liable for the $1,055,000 in costs awarded against the Plaintiffs because the Ministry did not attend or participate in the trial in any meaningful way despite having pursued a subrogated claim against the Defendant Insurers

06. October 2006 0
Dibattista v. Wawanesa Mutual Insurance Co., [2006] O.J. No. 3960, Ontario Court of Appeal

Application by Third Party Defendant Guardian Insurance Company of Canada (“Guardian”) for a determination of whether it could claim credit for costs awarded to the University of Western Ontario (“UWO”) as against another Third Party Defendant, was dismissed where the Court found that the costs were in respect of different time periods in the underlying action and UWO had not been over-indemnified

13. September 2006 0
Hanis v. University of Western Ontario, [2006] O.J. No. 2696, Ontario Superior Court of Justice