Following a summary judgment decision where the plaintiffs successfully obtained a declaration that the primary insurer was required to advance defence costs under a D&O policy, the court determined costs and pre-judgment interest.
The plaintiffs were awarded full indemnity costs against the primary insurer due to the breach of the duty to defend.
The court declined to issue a Bullock or Sanderson Order, finding it was the plaintiffs' decision to continue their claim against the excess insurers, who were awarded partial indemnity costs payable by the plaintiffs.
