What is the difference between a contractual agreement between an insured and its insurer and a tortious claim?
Ontario, Canada
The following excerpt is from IPEX v AT Plastics, 2015 ONSC 6844 (CanLII):
He submitted that the Master and Whitaker J. did not err in law in taking this principle into account. The difference between contractual agreements between an insured and its insurer and a tortious claim between an insured and a tortfeasor has been recognized in Krawchuk v. Scherbak, a decision to which the Master specifically referred in his Endorsement.
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