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Appeal from an Interlocutory Judgment on a Wellington Motion Concerning the Insurer’s Duty to Defend

March 23, 2016

Technologies CII inc. v. Société d’assurances générales Northbridge, 2016 QCCA 41

The Court of Appeal allowed the appellant’s appeal and concluded that the respondent must assume its own defense and any related costs in the context of a claim for damages filed by the impleaded parties. In a Superior Court case, the appellant, Technologies CII, was sued by the impleaded parties, the Attorney General of Quebec and the Commission scolaire de la Rivière-du-Nord, in the context of a claim for damages following a fire in a school. The respondent, Northbridge, who was the appellant’s insurer, refused to defend the appellant or cover the costs of its defense. The trial judge concluded that a clause in the insurance contract excluding coverage should apply in this case.

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