Intent is a state of mind. Or is it?
The insured stabbed a man while in the midst of a psychiatric episode. Find out why he was not entitled to a defence under his homeowners insurance policy.
There once were two spouses, in two different houses
What does “have lived together in a conjugal relationship” mean where a couple did not live together for many months before the accident?
The Eyes and Ears of the Accident: How Witnessing Doesn’t Always Mean Being Involved
Does witnessing a motor vehicle accident make you involved in it?
ONCA: No “trial within a trial” in the duty to defend
The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that being evidence that would require findings to be made before trial, referred to as a “trial within a trial.”…
ONCA Wraps Up Wrap Up Policy Coverage Dispute
Recently, the Ontario Court of Appeal considered an insurer’s duty to defend in the context of a specific project wrap up liability policy. The decision did not include any ground-breaking principles, but it clarified a few points that may be critical to insurers and...Invasion of Privacy: Is it Covered?
An American court found that allegations of improper collection and use of biometric data may attract coverage under insurance policies that don’t explicitly provide such coverage. Policy wording is incredibly important to limit risk and exposure – what do your policies say?
