Supreme Court

Decision Information

Decision Content

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 insureds 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.

 

 

 

 

 

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