Topic: Markham Vs. AIG – The Duty to Defend and Equitable Contribution
Date: September 23, 2020
Length: 1 Hour
Speakers: Laura Day – BLG and Shaneka Taylor – Boghosian Allen LLP
Description: Markham v. AIG – The Duty to Defend and Equitable Contribution
In Markham vs. AIG Insurance Company of Canada, 2020 ONCA 239, the Ontario Court of Appeal addressed a dispute between two insurers regarding the extent of their respective duties to defend a municipality, including the apportionment of defence costs and their roles in participating and controlling the defence of the claim. The case arose as a result of an accident which occurred at a hockey arena owned by the municipality but rented to Hockey Canada and one of its hockey associations. The municipality had both a commercial general liability policy of insurance and was an additional insured under the hockey club’s policy of insurance with AIG. The case raises important issues for municipalities including the apportionment of defence costs and the ability to participate in the defence of the case.
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