Is a personal injury insurer required to pay a plaintiff's legal fees and costs for the purposes of their insurance policy?

Ontario, Canada

The following excerpt is from Hanis v. University of Western Ontario, 2005 CanLII 45970 (ON SC):

Counsel cite the decision in British Columbia v. Surrey School District No. 36, supra, where the court said: From these cases, I take these general principles: where defence costs can be readily apportioned between those claims covered by the policy and those claims which are not, the insurer is only required to pay the legal fees and costs for covered claims; the insurer is required to pay all fees and costs which relate to any extent to defending insured claims; where there is no reasonable means of pro-rating the costs of defence, the insurer must bear the entire cost; only costs of defence which are clearly not referable to a covered claim are to be borne by the insured; and where an insurer breaches the policy and improperly refuses to defend, the insured is entitled to be put in the position it would have been in had the insurer properly defended. …

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