The Ontario Court of Appeal's decision in Van Huizen v.
Trisura Guarantee Insurance Company, 2020 ONCA 222 underscores the
distinction between an insurance policy and an insurance contract;
particularly the importance this difference has in determining
whether an insurer's duty to defend is engaged for individuals
participating in a group insurance program.
Background
Trisura Guarantee Insurance Company ("Trisura") issued
a professional liability insurance policy (the "Master
Policy") to the Appraisal Institute of Canada
("AIC"). The Master Policy pertained to claims made
against AIC members, their personal corporations, employers, and
the AIC, for the negligent provision of professional appraisal
services.
