ING Insurance Company of Canada v Harder, 2007 ABQB 63

Fred Fenwick represented the Defendant, Naomi Ardiena Marie Manuel, in an action by the Insurer against the Insured's estate and mother of his deceased child for a declaration that Insurer had no obligation to indemnify the Insured and that the child's mother had no right of action against Insurer. Action allowed. The Court agreed with the Insurer stating that the Insurer was entitled to rely on s. 529(2) of the Insurance Act to deny liability on the basis of unlawful act committed with intent to cause damage.