The Court of Appeal held that the automobile insurer did not have a duty to defend because the plaintiff was not an “occupant” of the vehicle at the time of the incident. The Court of Appeal held, however, that the insurer of the homeowner’s policy had a duty to defend. Although the homeowner’s policy excluded coverage for claims arising from the use of a motorized vehicle”, it was at least possible based on the pleadings, that the exclusion may not apply.
Djepic v. Kuburovic, [2006] O.J. No. 97 Ontario Court of Appeal