Duty to defend application against a liability insurer
A court application asking a liability insurer to pay for your defence of a lawsuit.
What is included
- Reviews your liability policies and the claim made against you
- Gives an opinion on the insurer's duty to defend and duty to indemnify
- Responds to a reservation of rights or coverage denial letter
- Brings a duty to defend application in court where needed
- Advises an insured defendant on exposure beyond policy limits
What is not included
- Court filing fees, reports and other disbursements
- Appeals or later stages beyond the scope in the lawyer's written retainer
- Claims against other people or companies unless added to the retainer
- Fees of appraisers, adjusters, contractors or engineers you hire
Who this service is for
- Businesses and professionals sued by a third party
- Directors and officers facing a claim
- Contractors and property owners with indemnity or additional insured issues
Information to have ready
- 1All liability policies, including excess or umbrella policies
- 2The statement of claim or demand letter you received
- 3The insurer's coverage letters
- 4Contracts with indemnity or insurance clauses
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $450–$850/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is the duty to defend?
A liability insurer usually must defend you if the claim against you, read generously, could fall within the policy. That is often broader than the duty to pay a final judgment, which depends on the facts proven.
What does a reservation of rights mean?
The insurer is defending you while keeping the right to deny coverage later. In some cases that may entitle you to independent counsel, and the lawyer can advise whether it applies.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Limitation periods keep running during a referral, so act promptly
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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