When there are two applicable insurance policies, who has a duty to pay defence costs?
Markham (City) v. AIG Insurance Co. of Canada 2020 ONCA 239.
A young boy, watching his brother’s hockey game at the community centre was injured when a hockey puck flew in his face. The City and Hockey Canada were sued and they each cross-claimed against one another. The City was insured by Lloyd’s Underwriters under a commercial general liability policy with a policy limit of $5 million.
Lloyd’s policy wording indicated it would apply...Read More