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19 November 2019
Andrae I Shaw Speak now or forever hold your peace: court rejects insurer's attempt to withdraw defence

Canada - Theall Group LLP

The Ontario Court of Appeal recently held that an insurer which had defended its insured for 10 months, without a reservation of rights, could not rely on a policy exclusion to withdraw its defence. In this decision, the court did not find it necessary to distinguish between waiver and estoppel. As such, insurers and insureds alike should ensure that they appreciate the potential consequences applicable to both waiver and estoppel and govern themselves accordingly.

Author: Andrae I Shaw
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