In what circumstances will a plaintiff be denied insurance coverage under the Statement of Defence?
Alberta, Canada
The following excerpt is from Wi-Lan Inc. v. St. Paul Guarantee Insurance Company, 2005 ABCA 352 (CanLII):
In the long run, a rule cutting off insurance coverage because of the details of the statement of defence would harm far more insurers than insureds. Cf. Lloyd’s v. Scalera, supra, at 594 (para. 75).
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