The defendant insurance broker brought a motion seeking production of documents relating to a prior broker and leave to amend its statement of defence in an action alleging negligent placement of umbrella insurance coverage.
The underlying dispute concerned denial of excess insurance coverage following a serious motor vehicle accident involving a leased transport truck, exposing the plaintiff to potential liability beyond primary insurance limits.
The court permitted production of certain documents in the plaintiff’s possession but declined to require the plaintiff to obtain the full file from the prior broker at this stage.
On the pleading motion, the court refused amendments that would effectively withdraw admissions or introduce prejudicial and contradictory pleadings, but allowed amendments asserting contributory negligence based on the plaintiff’s alleged failure to review policy documents.
Costs were awarded to the plaintiff due to partial success on the motion.