The Financial Suite

There is likely no duty to defend an insured who is sued for a civil assault

The appeal was allowed.  The Court of Appeal concluded that there was no duty to defend the respondent.

The appellant, Meloche Monnex, appealed from a judgment declaring that it had a duty to defend the respondent for civil assault and battery.  The respondent was sued by Skidmore for injuries allegedly sustained in a physical altercation.  The respondent took the position that the claim against him by Skidmore fell under the coverage of his home owner’s policy.  Meloche Monnex relied upon the exclusion in the policy for damages arising from intentional acts.  The respondent argued that he was acting in self defence when he hit Skidmore and therefore it was not an intentional act.

 

The Court of Appeal considered whether extrinsic evidence, beyond the statement of claim such as the statement of defence and affidavits, could be considered in determining if there was a duty to defend.  However, the Court of Appeal concluded that whether or not additional materials were considered, the result was the same.  If the

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Tags: Defend, No Duty