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Home is Where Risk is When Carrying on (Insurance) Business: Law360
March 20, 2023
Christine Viney, Ian Thompson and Hana Syed write in Law360 on why the decision in Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canadaprovides a clear articulation of court jurisdiction over insurers who issue policies to Ontario businesses and residents—and why it also has broader implications for litigants engaged in contract disputes.
In Vale, the Ontario Court of Appeal distilled its 70-page decision about an insurance coverage dispute being fought across multiple jurisdictions into one straightforward conclusion: “A comprehensive general liability insurer, underwriting primary or excess insurance coverage for Ontario risks, connects itself to Ontario for jurisdictional purposes and thus commits itself to defending, in Ontario, claims arising out of those risks.”