Is an insurer bound to defend against some of the allegations contained within the coverage of the policy?
British Columbia, Canada
The following excerpt is from St. Andrew's Service Co. v. McCubbin, 1987 CanLII 2397 (BC SC):
Where, as here, some of the plaintiff's allegations are within while others are outside the insurer's obligation to indemnify the insured, the insurer is only obliged to defend against the allegations which may give rise to the obligation to indemnify. In Bacon v. McBride Wallace J., at p. 233, expressed his agreement with the statement in Couch on Insurance, p. 716, para. 51:154, that: Where a complaint or petition in an action against one to whom a policy of … insurance had been issued states different causes of action or theories of recovery against the insured, one of which is within the coverage of the policy and others of which may not be, the insurer is bound to defend with respect to those causes of action which, if proved, would be within the coverage.
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