This is an appeal by the insurer of a motions court decision that it had a duty to defend an insured against a claim for the intentional tort of trespass to land. The insured, a schoolboy, allegedly started a fire on school property. On a motion, the Public Trustee of Manitoba, as Litigation Guardian of the student, brought a successful application to compel Co-operators to defend. Co-operators appealed on the basis of wording in the homeowner’s insurance policy an issue which excluded coverage for property damage caused intentionally. The Court of Appeal upheld the decision of the motions court, holding that even though the fire was alleged to have been started intentionally and the damages to the school may have been unforeseen, the claims as pleaded raised a possibility that a court could find that the act therefore was a negligent one.
15. October 2004 0
R.D.F. (Litigation Guardian of) v. Co-operators General Insurance Co.,  M.J. No. 382, Manitoba Court of Appeal