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Results: 1-10 of 10

The duty to defend and letters from the MOE

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • January 16 2013

An insurer's duty to defend claims is broader than its duty to indemnify.It is well established law in Canadathat the determination of a duty to

Does an insurer’s duty to defend apply if the insured complies with an environmental investigation?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 16 2012

The scope of an insurer’s duty to defend is a crucial issue in relating to any liability insurance policy, particularly those applying to building projects

Ontario Court of Appeal clarifies application of pollution exclusion clauses in commercial general liability policies

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • June 30 2011

In ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate), 2011 ONCA 321, the Ontario Court of Appeal held that a “Pollution Liability” exclusion clause in a Commercial General Liability (CGL) insurance policy will apply where the insured participated in an activity that posed a known risk of pollution and environmental damage

Pollution exclusion in CGL policies: Ontario Court of Appeal addresses the issue

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • June 8 2011

The Court of Appeal for Ontario’s recent ruling in ING v. Miracle clarifies the interpretation to be given to pollution liability exclusion clauses contained in commercial general liability insurance policies (commonly referred to as CGL policies) by clearly asserting that the principle of interpretation developed by a body of American case law whereby exclusion is limited to “active polluters” does not apply in Canada

Can title insurance protect you from environmental defects?

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • May 1 2011

Sometimes, looking at US case law can provide a real pick me up for how well we do things in Canada

Restoring the pollution liability exclusion’s intent

  • Blaney McMurtry LLP
  • -
  • Canada
  • -
  • April 29 2011

It appears the Court of Appeal has given new life to its earlier reasoning in Ontario v. Kansa by its decision in the just released ING v Miracle case

Pollution exclusion clauses update: two recent decisions

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 5 2011

Two recent decisions add to the jurisprudence considering the application of pollution exclusion clauses

Interpreting the scope of commercial general liability insurance policies and the duty to defend following the supreme court of canada's decision in progressive homes

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • October 20 2010

The Supreme Court of Canada's decision in Progressive Homes Ltd. Progressive Homes Ltd. v. Lombard General Insurance Company of Canada, 2010 SCC 33, which was rendered on September 23, 2010, has important consequences for the interpretation of the scope of commercial general liability (“CGL”) insurance policies and the duty to defend claims for environmental liabilities

Staying foreign parallel proceedings just got tougher

  • McMillan LLP
  • -
  • Canada, USA
  • -
  • October 29 2009

You bring an action in the US only to have the defendant commence a parallel proceeding in a Canadian court

Court considers pollution loss exclusion in D&O policy

  • McMillan LLP
  • -
  • Canada
  • -
  • September 9 2008

The Ontario Court of Appeal recently dealt with the interaction between a pollution loss exclusion and the allocation provisions of a directors' and officers' (D&O) liability insurance policy in Boliden Ltd v Liberty Mutual Insurance Co ((2008), 90 OR (3d) 274