County suffered damages from defendant’s failure to obtain insurance

Ontario civil | Insurance | Actions on policies | Practice and procedure

Plaintiffs alleged that they slipped and fell on ice while walking through parking lot of community housing location. Defendant was county’s winter maintenance contractor for residential parking lot where both plaintiffs claim they fell and were injured. Defendant’s insurer refused to take over defence of county as defendant did not obtain coverage naming county as additional insured as required by contract. These were two similar Rule 21.01(1)(a) of Rules of Civil Procedure motions for determination before trial of question of law in relation to duty to defend as between county, local housing corporation and third party. Country brought motion for declaration that defendant was in breach of his contract with county for failing to procure insurance naming county as additional insured on policy as required in his contract with county. Motion granted. Declaration was issued that defendant was in breach of contract for failing to procure insurance naming county as additional insured. County had suffered damages from defendant’s failure to obtain insurance as had insurance been obtained, given nature of allegations of negligence by plaintiffs, insurer would have had duty to defend. Had defendant kept his contractual promise, county would have policy of insurance covering costs of defending claims made against county by plaintiffs.

Bentley v. Hastings (County) (2017), 2017 CarswellOnt 7248, 2017 ONSC 2980, H. MacLeod-Beliveau J. (Ont. S.C.J.).

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