Oct 22, 2015 | Commercial Litigation, Insurance
By: Shaun A. Hashim, Litigation Associate An insurer’s duty to defend an action against its insured is triggered by the mere possibility that a claim could be made under the insured’s policy. Traditionally, a court’s analysis of whether this duty...
Oct 22, 2015 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The British Columbia Court of Appeal recently confirmed in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co.[1] that a Workmanship/Design Exclusion does not exclude the costs to remedy damage caused...
Jul 7, 2015 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The Ontario Superior Court of Justice recently held that an additional insured was covered by a policy, where there was no direct claim against the named insured, even though the coverage was limited to claims arising from...
Jan 26, 2015 | Commercial Litigation, Insurance
By: Camille M. Dunbar, Litigation Associate The British Columbia Supreme Court recently released its decision in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company,[1] which considered for the first time in Canada the LEG 2/96 clause, a...