back to publications search

The Duty to Defend Does Not Arise Until Notice of the Claim is Given

March 14, 2017

Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352

Certain members of the Clarke Group of companies, manufacturers of goods in Canada and the United States, were sued in Washington State by the Global Group. In August, 2013, the Clarke Group tendered its defence to its American insurer, which defended under a reservation of rights. Several months later, the Global Group added claims against Canadian members of the Clarke Group, however, the latter did not initially realize that this would trigger coverage with Lloyd’s Underwriters, insurers of the Canadian members. As a result, it was not until April, 2014, that Lloyd’s was asked to defend.

Read More.

Do not miss the latest developments in Canadian insurance law

Subscribe