An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law.
The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed the records of more than 11,000 patients in order to obtain Percocet tablets.
The nurse was sued in eight actions related to the invasion of the patients’ privacy. The plaintiffs pled the tort of inclusion upon seclusion. The nurse was unsuccessful in a summary judgment motion against the insurer, in which she sought a declaration that the insurer owes her a duty to defend. The Court of Appeal upheld the dismissal of the motion.