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  • The Duty to Defend

    Stein Monast, Quebec, January 03, 2008 – The issue of the insurer’s obligation to defend has raised numerous debates in the jurisprudence over the past few years. Recently, the Court of Appeal of Quebec in Groupe DMR Inc. v. Kansa General International Insurance Company Ltd, AZ-50488250 revisited this question. Since this problem is part of the day-to-day business of insurers, it seems...
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  • Can an Insurer Who Has Agreed to Defend Later Deny a Duty to Defend ?

    Kelly Santini LLP, Ontario, January 01, 2008 – The recent decision of Mr. Justice Keith A. Hoilett in Economical Insurance Company of Canada v. Fleming, [2008] I.L.R. I-4673, 57 C.C.L.I. (4th) 246, 89 O.R. (3d) 68 (Ont.S.C.J.) is one that all insurance defence counsel should read. The decision arises out of an application brought by Economical Insurance for an order declaring that it...
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