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.
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