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ARTICLE · 25 OCTOBER 2017

Intentional Acts, Artful Pleading And The Duty To Defend In British Columbia

Miller Thomson
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The recent Supreme Court of British Columbia case of Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 confirms the broad manner in which British Columbia courts interpret the duty to defend ...

CanadaLitigation, Mediation & Arbitration
Karen Weslowski
Karen Weslowski
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The recent Supreme Court of British Columbia case of Co-operators General Insurance Company v. Kane, 2017 BCSC 1720 confirms the broad manner in which British Columbia courts interpret the duty to defend, and the extent to which that duty can be established by carefully crafted pleadings containing both covered and uncovered claims.

The court considered whether Co-operators owed a duty to defend professional NHL hockey player Evander Kane against a lawsuit brought against him in New York State. Co-operators insured Mr. Kane under a standard Home Insurance Policy which provided liability coverage for "your personal actions anywhere in the word".

The complaint alleged, among other things, that Mr. Kane: (1) "inflicted a battery" upon the female plaintiff; (2) had "intent to cause ... severe emotional distress"; (3) "engaged in conduct unreasonably endangering" her physical safety; and (4) "negligently caused serious, permanent and painful personal injuries".

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