Wawanesa Mutual Insurance Company sought a declaration that it had no duty to defend or indemnify Dave Watson in three negligence actions arising from a boating accident.
Watson, the insured, conceded no duty to indemnify but argued Wawanesa had a duty to defend and had waived its right to refuse defence.
The court found that Wawanesa had a duty to defend based on the "pleadings rule" and the doctrine of waiver, but no duty to indemnify.
Wawanesa was ordered to resume providing a defence.
