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ARTICLE · 31 OCTOBER 2022

Two Insurers, A Mutual Policyholder, And The Duty To Defend

Miller Thomson
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In AIG Insurance Company of Canada ("AIG") v Lloyd's Underwriters ("Lloyd's") (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering "whether two insurers have a duty to defend...

CanadaInsurance
James Bromiley
James Bromiley
Giovanni Giuga
Giovanni Giuga
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Ontario Court of Appeal upholds Application Judge's treatment of Property Report Evidence

In AIG Insurance Company of Canada ("AIG") v Lloyd's Underwriters ("Lloyd's") (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering "whether two insurers have a duty to defend a mutual policy holder in a progressive property damage claim."1 The Court ultimately dismissed Lloyd's appeal and left in place a previous order requiring Lloyd's and AIG to equally share the costs to defend the policyholder (City of Timmins).

Background Facts

Karine and Marcel Forget the ("Homeowners") purchased a vacant lot in 2012 upon which they intended to build a home. The lot was situated near the Mattagami river flowing through the City of Timmins (the "City"). The Homeowners obtained a building permit from the City in 2013, and built a new home on the property that same year.

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