Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672
An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted, on behalf of their son, proceedings against his teacher, Mary Kanavaros, the school principal, and the school board. The teacher allegedly humiliated and intimidated their son in front of the entire class after he submitted an assignment that had been completed by his mother.