Does a third party have a contractual responsibility to defend this action?
British Columbia, Canada
The following excerpt is from Shragie v. Tanemura, 1987 CanLII 2399 (BC SC):
I follow with respect that part of the Chief Justice's judgment which approves Bacon v. McBride, supra, and agree with counsel for the defence that the third party has a contractual responsibility to defend this action irrespective of whether or not the insured can ultimately be found liable to the plaintiff or whether or not that liability would be within the terms of coverage under the insuring agreement. The defendant's statements in court are pleadings and even his answers on discovery are subject to the proceedings at trial when the court will make its own findings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
What is the test to determine whether a third party action should be heard separately or within the main action? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the test for determining whether a defendant is responsible for an injury suffered by a plaintiff as a result of their actions? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a new action be brought against the same parties in the same cause of action? (British Columbia, Canada)
What is the range of damages available to a plaintiff in a copyright action brought by a third party who infringes copyright? (British Columbia, Canada)
Can a party recover additional expert opinions from a third party? (British Columbia, Canada)
