Does a plaintiff have to prove an obligation to defend or indemnify?
Ontario, Canada
The following excerpt is from DASTI et al vs PYE BROS. FUELS et al, 2010 ONSC 5881 (CanLII):
In Nichols v. American Home Assurance, 1990 CanLII 144 (SCC), [1990] 1 S.C.R. 801 (S.C.C.) at para. 17, the court held that it is not necessary to prove an obligation to indemnify in order to trigger an obligation to defend. The court concluded that the duty to defend is broader than the duty to indemnify.
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