Law360 Canada ( July 26, 2022, 5:43 AM EDT) -- Appeal by the insurer from a declaration it had a duty to defend the insured. The insured contracted with the insurer for liability insurance for a sporting event, a timed mud truck race. In his application for insurance, the insured indicated the safety precautions would include that spectators would be seated at least 20 feet from the track. The insurance policy contained a warranty that all spectator viewing areas would be a minimum of 20 feet from the track and behind suitable barriers or fencing. A spectator was accidentally injured at the event when a truck drove off the track, far past the finish line, and hit her as she stood behind a rope line. She commenced an action against the insured and others. The insurer refused to defend the claim on the basis the insured had breached the warranty in the policy dealing with safety precautions. It took the position the policy was void ab initio. The application judge found the warranty was too vague to be enforceable....