Superior Court Highlights How Delayed Notice Caused Prejudice to the Insurer
In the recent decision, Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803, the Ontario Superior Court of Justice has provided insight on the issue of when an insured under a Directors and Officers’ Liability Policy may be precluded from seeking coverage for his legal costs due to a delay in notifying the insurer. Background The insured was covered by a Director and Officers’ Liability Policy issued by the respondent. He made a claim under the policy for defence costs related to an Ontario Securities Commission (“OSC”) investigation and receivership proceeding. The respondent denied coverage on the basis that the applicant did ... [more] Full article
Ontario’s top court rejects retroactive application of Insurance Act amendment to claim arising from cannabis-caused fire
The Ontario Court of Appeal recently provided clarification about the application of an amendment to the Insurance Act, in particular a provision that came into force in 2018 to limit ... [more] Full article
Ontario Superior Court of Justice Clarifies when Individual Claims Can Be Maintained Alongside a Pending Class Action
A recent ruling of the Ontario Superior Court of Justice provides clarification about when an individual action should be allowed to continue, despite the presence of pending class actions that ... [more] Full article
Insurance Coverage Litigation Contributors
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
- Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation
