TD Bank, N.A. v. Lloyd’s Underwriters

2017 ONCA 1011; Lerners acted for the lead appellants, Chubb and Liberty Mutual Insurance, who appealed a partial summary judgment order which found that certain payments fell under the fidelity coverage provisions of an insurance policy. The appeal was allowed. The Court of Appeal held that the motion judge failed to properly apply Rule 20 of the Rules of Civil Procedure, and to interpret the insurance policy as a whole. The partial summary judgment order was set aside.