SUPREME COURT OF NOVA SCOTIA
Citation: Co-operators General Insurance Company v. Wawanesa Mutual Insurance Company, 2014 NSSC 23
Date: 20140127
Docket: Hfx No. 419271
Registry: Halifax
Between:
The Co-operators General Insurance Company
Applicant
v.
The Wawanesa Mutual Insurance Company
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: January 16, 2014, in Halifax, Nova Scotia
Written Decision: January 27, 2014
Subject: Insurance - Duty to defend
Summary: An insured did plumbing work in 2004. Co-operators issued a CGL policy which expired in 2005. There was a failure of the insured’s work in 2011 which resulted in property damage. The insured was sued for the remediation costs.
Issue: Did the Co-operators have a duty to defend the insured?
Result: The Court reviewed the decision in Meridian Construction v. RSA and concluded that it was binding as the policy terms were substantially the same. The Co-operators unable to show that the “own work” exclusion applied. Duty to defend was found.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.