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S.C. Construction v. Wawanesa Mutual Insurance Company


A small family owned construction company leant one of their work trucks to a long time employee to drive home, He had worked for the company for close to 10 years. He drove to work most days in his Honda. When the employee was driving the vehicle he was in an accident. It turned out, unbeknownst to anyone at the company, he did not have a license. When the construction company let their insurance company know what happened, they denied coverage. This exposed the company to a large lawsuit on their own without insurance coverage that they had paid yearly premiums on for many years. The issue was hard fought and went to Court before the Honourable Justice Belobaba. As a result of our submissions to Court, cross-examination of the insurance mop any, legal research and strength of our clients’ testimony, the Court held that the insurance company owed a duty to defend and indemnify the construction company and further penalized the insurer with legal costs.

Download a PDF. copy of the Decision of Justice Belobaba