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Wellington isn’t Just a Way to Serve Beef! – Assuming the Insured’s Defence – Extrinsic Evidence – Summary Debate – Grounds for the Nullity or Revocation of the Policy – Can the Insurer Deny Coverage at the Wellington Motion Stage?

March 22, 2019

Global Aerospace Underwriting Managers (Canada) Ltd. v. Jobert Inc., 2018 QCCS 4415.

In a dispute between Global Aerospace Underwriting Managers (Canada) Ltd. (hereinafter, “Global Aerospace”) and Jobert Inc. (hereinafter, “Jobert”), the latter party’s insurer, Intact Assurance (hereinafter, “Intact”), denied coverage and refused to take up its defence. Jobert submitted a Wellington motion and asked the Court to order Intact to pay its defence costs in connection with the case.

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