The applicant insurer sought a declaration that the respondent insurer had a duty to defend and indemnify the insureds in an underlying slip and fall action.
The underlying plaintiff slipped on ice on the driveway of premises owned by the insureds, which also served as the head office for their business.
Applying the pleadings rule, the court found that the allegations in the statement of claim triggered coverage under both the applicant's homeowner policy and the respondent's commercial policy.
The court ordered both insurers to share the costs of defending the action equally.
