When an insurance claim is filed, in many instances the first step is to determine if the claim is covered by the policy and if the insurer has a Duty to Defend. In this RMC webinar, lawyers from across Canada guide insurers through the steps to take to determine if coverage is available and how to effectively manage each file.

Download the slides – RMC – Duty to Defend February 2021

Topics covered are:

What Triggers the Duty to Defend
Messica Bari of Donati Maisonneuve reviews the test to determine when an insurer has a Duty to Defend and provides examples from CGL and property damage policies. Messica also outlines the potential consequences of denying coverage and how the Courts have ruled when plaintiffs have brought Wellington Motions.

Cross Indemnification Clauses
Game Changers: the impact of contractual insurance clauses and cross indemnification clauses on the Duty to Defend. Amanda Kostek of CBM Lawyers covers clauses to watch for as well as evolving case law impacting an insurer’s Duty to Defend.

Defend vs Indemnify
Kelly Santini‘s Jennifer Therrien discusses the key difference between the Duty to Defend and the Duty to Indemnify and provides insurers with a review of the key considerations when assessing an indemnity claim, including evaluating evidence, the limitation period, the burden of proof and the timeline leading to the claim.

Managing Duty to Defend Files
The webinar concludes with a presentation by Caitlin Mahoney of Cox & Palmer on the pitfalls to avoid when managing files where the issues of Duty to Defend or indemnification arise and the internal steps insurers should take when these issues arise in multi-party claims.