What insurance policy will not suffice?
Alberta, Canada
The following excerpt is from Ward Estate v. Olds Aviation Ltd., 1996 ABCA 368 (CanLII):
The liability insurance policy will not suffice, for two reasons. First, the insurance company beforehand denied coverage, and there is no non-waiver agreement, and a refusal to sign one. Second, an insurer’s lawyer cannot defend a different company without authority. If the company does not give the lawyer authority, the company might be guilty of non-cooperation and even lose insurance coverage, but that does not give the insurer’s lawyer authority to defend or appeal. In any event no one cited any authority saying it did, though we adjourned this motion to let counsel for the insurance company look up more law on this precise point of authority. Cf. Semenoff v. Pidwerbesky (1955) 1955 CanLII 179 (SK QB), 14 W.W.R. 322 (Sask.).
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