Minto brought an application seeking a declaration that
and its insurer, Intact, were obligated to provide it with a defence. Minto was a property owner that was named as a defendant in a slip and fall action. Carlsbad contracted with Minto to provide winter maintenance on the property. In the contract, Carlsbad agree to indemnify and save harmless Minto, to maintain a CGL policy with $2,000,000 limits and to add Minto as an additional insured. Carlsbad
Justice Kershman held that the true nature of the Statement of Claim was that of a negligence case where the plaintiff slipped on snow and ice in the parking lot. It therefore fell within the scope of coverage and Intact had a duty to defend Minto.
Duty to defend issues arise fairly often in slip and fall cases where the property owner hires a contractor to maintain the property. It is important to look closely at the Statement of Claim to determine the true nature of the claim; the mere insertion of a number of different allegations by the plaintiff will not necessarily be enough to take the claim outside of the scope of coverage.