An insurer providing coverage to an independent contractor may have to provide a defence to property owners under their insurance policy

15. October 2010 0

Insurer had duty to defend occupier of a shopping mall as an unnamed insured under the snow removal contractor’s insurance policy.

Cadillac Fairview Corp. v. Oakridge Landscape Contractors, [2010] O.J. No. 3480, August 17, 2010, Ontario Superior Court of Justice, J.A. Ramsay J.

The Applicant Cadillac Fairview was the occupier of a shopping mall. The Respondent Oakridge Landscape Contractors was its snow removal contractor. Lombard Canada was Oakridge’s insurer. Cadillac Fairview and Oakridge Landscape Contractors were sued for damages for loss occasioned when someone slipped and fell on ice at the shopping mall. The Applicant sought a declaration that Lombard had a duty to defend it in the Action. The Court reviewed the pleadings and found they raised the possibility that Cadillac Fairview could be liable because of the operations of the snow removal service. This was sufficient to trigger Lombard’s duty to defend Cadillac Fairview, an unnamed insured under the policy.

This case was digested by Cameron B. Elder of Harper Grey LLP.

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