The appellants appealed a decision finding that a commercial general liability (CGL) policy provided coverage for an accident involving a supply truck.
An employee negligently left a steel base plate unsecured on the truck during a work site clean up, which later flew off and struck a school bus.
The Supreme Court of Canada held that the accident resulted from two concurrent causes: the negligent clean up of the work site (non-auto-related) and the negligent operation of the truck (auto-related).
The Court found that the CGL policy's automobile exclusion clause did not oust coverage for the non-auto-related negligence, as there is no presumption that all coverage is excluded when one concurrent cause is an excluded peril.
The appeal was dismissed.
