Liability insurers, underwriters, and Canadian lawyers representing insurers should take note of the just released United Kingdom Supreme Court judgment in Zurich Ins v IEG at https://www.supremecourt.uk/cases/docs/uksc-2013-0057-judgment.pdf.
Zurich contains the UKSC’s most recent explanation and summary of the interplay of liability coverage and (common law) liability on the basis of material contribution to risk. The various reasons, which review existing UK case law, should be very relevant in future Canadian cases. The latter are sure to spawn related insurance coverage disputes between insurers and their insureds and between insurers. I’ll leave it at that.