Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Meridian Construction Inc. v. Royal & Sun Alliance Insurance Company, 2011 NSSC 177

 

Date: 20110510

Docket: Hfx. No. 336785

Registry: Halifax

 

 

Between:

Meridian Construction Inc. and Tribeca Mechanical Limited

Plaintiff

v.

 

Royal & Sun Alliance Insurance Company of Canada

Defendant

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Suzanne M. Hood

 

Heard:                              February 2, 2011  in Halifax, Nova Scotia

 

Written Decision:             May 10, 2011

 

Subject:                             Insurer’s Duty to Defend.

 

Summary:                         Meridian Construction Inc. (“Meridian”) and Tribeca Mechanical Limited (“Tribeca”) were the general contractor and a subcontractor, respectively, on a construction project.  They seek to have Royal & Sun Alliance Insurance Company of Canada (RSA) defend them in an action against them for damages. RSA says there is no duty to defend and asks the court for a declaration that there is no coverage.  Meridian and Tribeca seek to have the RSA application stayed until a decision is made in the action for damages.

 

Issue:                                Duty to Defend

 

Result:                              There is a mere possibility that a claim under the policy might succeed; therefore, there is a duty to defend.

 

 

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