The classic example of the additional insured and the duty to
defend is an action arising from a slip and fall. The property
owner and the contractor tasked with performing winter maintenance
are both named as defendants. The property owner confirms that it
is named as an "additional insured" under the
contractor's commercial general liability insurance, and
counsel dutifully writes to counsel for the contractor and demands
that the insurer assume the defence of the property owner. Such a
demand is typically met with deafening silence and counsel for the
property owner, or any defendant that finds itself in a similar
position, must decide what to do next.
The test for establishing a duty to defend has long been
determined but the courts continue to reach different conclusions
about what the effect of meeting the test will be. In each case,
this is due to the court's assessment of the pleadings. In
cases such as RioCan Real Estate Investment Trust v. Lombard
General
