The applicant sought indemnification from the respondent insurer for defence costs incurred in a defamation lawsuit, arguing he was an insured under a Media Professionals Insurance Policy issued to his publisher.
The insurer denied coverage, asserting the applicant was not an independent contractor performing the publisher's professional business.
The court applied principles of contractual interpretation and found that the publishing agreement was a personal service contract and the applicant was an independent contractor engaged in the publisher's professional business.
The court ordered the insurer to pay the defence costs but dismissed the claim for punitive damages, finding no bad faith.
