The B.C. Court of Appeal dismissed the appeal of a chambers judge’s ruling that the Insurance Corporation of British Columbia (“I.C.B.C.”) had a duty to defend an action on behalf of an employee of a named insured in which the employee of the named insured under a “Garage Automobile Policy” was alleged to have been negligent in failing to stop for medical assistance when his passenger became unconscious as a result of diabetes during the course of a business trip. I.C.B.C. alleged that the chambers judge erred in refusing to consider a written statement made by the insured’s employee after the trip. I.C.B.C. also alleged that the chambers judge erred in concluding that the underlying action could possibly trigger indemnity under the terms of I.C.B.C.’s policy. The Court of Appeal dismissed a cross-appeal by the Co-Operators General Insurance Company who was similarly found to have a duty to defend the corporate defendant, North Okanagan Truck and R.V. Sales Ltd (“North Okanagan”) and the defendant driver under its CGL policy.
09. September 2004 0
Marjak Services v. Insurance Corp. of British Columbia,  B.C.J. No. 1838, British Columbia Court of Appeal