Insurance, Theall Group LLP updates

Canada

Contributed by Theall Group LLP
Court of appeal overturns order requiring insurer to defend privacy class action
  • Canada
  • 04 May 2021

The Ontario Court of Appeal (ONCA) has released a decision that reiterates a key guiding principle in proceedings brought to enforce an insurer's duty to defend: the court must carefully review the underlying pleading and focus on the true nature of the claim, not simply the words used by the plaintiff in the underlying claim, to determine whether any of the claims could potentially be covered by the policy. The ONCA overturned a lower court judge who the court stated had failed to properly conduct this analysis.


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