In 1995 the United States Court of Appeal (for the Second Circuit) released its decision in Stonewall Insurance Company v. Asbestos Claims Management Corporation, 73 F.3d 1178. That case ignited an insurance coverage debate about whether or not a policyholder must contribute to pay defence costs to reflect years during which it had no insurance coverage. This debate has been raging in many US jurisdictions ever since.
In Goodyear Canada v. American International Companies et al, 2011 ONSC 5422, this debate has been addressed by a Canadian court for the first time, at the request of Goodyear Canada. Colin Empke of Blaney McMurtry LLP represented Intact Insurance (formerly ING Canada) alongside six other Canadian insurance companies and their coverage counsel.