INSURERS - Duties - Duty to defend

Law360 Canada ( May 11, 2018, 8:40 AM EDT) -- Appeal by an insurer from an order requiring it to defend the respondents in a personal injury claim. One of the respondents was the driver of an all-terrain vehicle (ATV) involved in an accident on a rural property. A passenger on the ATV sued the respondents. The respondents' automobile insurance policy extended coverage to an ATV if it was owned by the respondents, and the respondents were not occupiers of the property on which the accident occurred. The accident occurred on property that was in the process of being purchased by the respondents. The insurer denied coverage on the basis that the ATV was operated on private property and thus did not fall under the definition of an automobile for insurance purposes. The application judge did not accept the insurer's position and ordered it to defend the underlying action. The insurer appealed....
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