The duty to defend was engaged despite the amount of potentially covered property damage b...

Case Summary: Duty to defend for property damage claim less than deductible – Lexology

The duty to defend was engaged despite the amount of potentially covered property damage being less than the deductible. Insurance law – Liability insurance – Wrap up policies – Duty to defend – Interpretation of policy – Deductible Distillery S.E. Development Corp. v. Temple Insurance Company, [2021] O.J. No. 1535, 2021 ONSC 1908, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds were the developer and a subcontractor involved in the construction of a condominium tower. The owner of the tower later sued both for damages of $9,913,169.25. The wrap-up policy insurer refused to defend the …

 

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