Posts tagged Duty to Defend

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No duty to defend the insured for claims arising out of prior litigation
No duty to defend the insured for claims arising out of prior litigation No duty to defend the insured for claims arising out of prior litigation
Priority coverage dispute between insurance companies – someone’s got to pay!
Priority coverage dispute between insurance companies – someone’s got to pay! Priority coverage dispute between insurance companies – someone’s got to pay!
Insurer applies “belts, braces and beyond” approach to excluding liability
Insurer applies “belts, braces and beyond” approach to excluding liability Insurer applies “belts, braces and beyond” approach to excluding liability
The Duty to Defend: A Clarion Call
The Duty to Defend: A Clarion Call The Duty to Defend: A Clarion Call
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break No coverage for assault with a knife during psychotic break
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
It’s too soon!
It’s too soon! It’s too soon!
Wrap up has duty to defend actions alleging defects in curtain-wall system
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
A duty from mere possibilities
A duty from mere possibilities A duty from mere possibilities
Unclear warranty results in insurer owing a duty to defend a lawsuit for Mud Bog Event injury
Title insurer has a duty to defend insured subject to claim for damages Title insurer has a duty to defend insured subject to claim for damages
Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters
Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters
Clearing up the pollution of the duty to defend analysis
Clearing up the pollution of the duty to defend analysis Clearing up the pollution of the duty to defend analysis
Bullying is indefensible
Bullying is indefensible Bullying is indefensible
Flawed Duty to Defend Application Dismissed
Flawed Duty to Defend Application Dismissed Flawed Duty to Defend Application Dismissed
Intentional business decisions are not an accidental “occurrence”
Insured alleged to have shaken baby not entitled to defence Insured alleged to have shaken baby not entitled to defence
Duty to defend for property damage claim less than deductible
Duty to defend for property damage claim less than deductible Duty to defend for property damage claim less than deductible
The tort of intrusion upon seclusion is not accidental
Slippery slope not expected or intended Slippery slope not expected or intended
Insurer obligated to defend former directors of a credit union for a legal action commenced by the FRSA
Insured not entitled to E&O coverage for advice in relation to failed real estate venture Insured not entitled to E&O coverage for advice in relation to failed real estate venture
Insured denied defence due to failure to disclose business use of motor vehicle Insured denied defence due to failure to disclose business use of motor vehicle
Homeowner and auto insurers have a concurrent duty to defend against injuries arising from the insured sledgehammering a piece of his vehicle in his backyard
Wrapping up the duty to defend Wrapping up the duty to defend
Ambiguous exclusions are meaningless Ambiguous exclusions are meaningless
Subcontractor owes duty to indemnify and defend despite contractor’s obligation to obtain wrap up liability insurance for subcontractors
Broad exclusion clause titled “Total Pollution Exclusion” deemed ambiguous
Intellectual property agreements are personal contracts
Don’t lose sight of the forest for the trees when considering a duty to defend
Don’t lose sight of the forest for the trees when considering a duty to defend Don’t lose sight of the forest for the trees when considering a duty to defend
Complementary insurance policies: Auto insurer did not have standing to bring an application against a personal insurer, with respect to a social event & motor vehicle accident claim