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THE OBLIGATION TO DEFEND AND THE IMPORTANCE OF CLEAR WORDING IN INSURANCE POLICIES AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENTS

In the case of Gestion Laberge Inc. vs. Hatzlatcha Holdings Inc., Justice Marc St-Pierre rendered a judgment in favour of an insurer following the presentation of what has been commonly come to be known as a « Wellington Motion » by the insured seeking an order that their insurer, Lloyd’s Underwriters (among others), take up its defence.

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