Legal Blog

Costs

Huang v. The Personal Insurance Co. 2017 Ont SCJ

An action to obtain coverage from an insurer is not like any other action, in which a successful party would recover only partial indemnity costs unless there was some sort of wrongdoing that would result in substantial or full indemnity costs. An insurance company that denies coverage, and is then found to have done so wrongfully, should compensate its insured, and by extension those to whom the insured is found liable, for the full costs of enforcing that coverage.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.