A duty to defend an insured is generally not broader than a duty to indemnify. An insured may choose their own counsel to defend a claim if there is a coverage dispute.

25. March 2008 0
An insurer was sued by a person who suffered injuries as a result of mold and bacteria.  The insured was denied coverage under his CGL policy, which stated that coverage was not provided for damages arising from mold.  The insured was obligated to defend the insured because all of the damages could have been attributed to ...

A propane tank explosion in a parked car caused by cigarette smoking is covered by automobile insurance as the damage arose from the use or operation of an automobile.

19. March 2008 0
In Manitoba, the law with respect to “use or operation” of an automobile in the context of no-fault insurance has not been changed by the recent Supreme Court of Canada decisions of Lumbermens Mutual Casualty Co. v. Herbison, 2007 SCC 47, and Citadel General Assurance Co. v. Vytlingham, 2007 SCC 46.  The test to be ...