The case of Greenwin Inc. v. St. Paul Fire and Marine Insurance Company, dated September 8, 2023, involved a fire that damaged a high-rise building. Greenwin Inc. and Chubb Insurance Company of Canada sought a declaration that defendant St. Paul Fire and Marine Insurance Company should have funded 50% of an $18,750,000 settlement for Greenwin's share of the damages, claimed in the name of Toronto Community Housing Corporation (TCHC) due to property damage. TCHC owned the damaged building, and Greenwin was the property manager. Various claims were made against TCHC and Greenwin due to the fire. TCHC had a Composite Policy from AIG Insurance Company of Canada, consisting of property insurance, general liability coverage, and excess general liability coverage. Greenwin had "insured" status under the AIG Liability Coverage and AIG Excess Coverage but not the AIG Property Coverage. St. Paul issued an Excess Liability Protection Policy, following the form of AIG policies, with Greenwin also having "insured" status. AIG paid for the building damage under its Property Coverage and pursued a Subrogated Claim against Greenwin for negligence. Chubb issued excess liability insurance to Greenwin. The dispute centered on whether St. Paul was obligated to pay half of Greenwin's $18,750,000 settlement for the Property Damage Claim. The court found that St. Paul did not breach its contract by denying coverage in its factum, as it was never asked for a defense, had not reached its layer of insurance, and had not abandoned its insured. The court concluded that St. Paul's position was not one of denial, and therefore, it did not lose its right to approve the settlement.