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The Lawyer’s Professional Liability – The insurer must pay all defence costs even if a substantial portion of them arises from a claim not covered by the policy

July 24, 2016

Orenstein Little c. Fonds d’assurance responsabilité professionnelle du Barreau du Québec, [2016] QCCS 1450.

Susan Orenstein Little (“Orenstein”) and Les Services Juridiques Orenstein Inc. (“Orenstein Inc.”) claimed defence costs in the amount of $563,061.04 from the Quebec Bar’s liability insurer, the Fonds d’assurance responsabilité professionnelle du Barreau du Québec (the “Fund”). These costs were incurred in the context of a previous lawsuit. The Court ordered the Fund to pay the defence costs arising solely from the acts for which the plaintiff in the earlier case believed that Orenstein was acting as a lawyer.

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