Tyler P. Dellow

The appellant insurer appealed a motion judge's conclusion regarding waiver.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion, which turned narrowly on the absence of a non-waiver agreement and the specific wording and timing of an August 23, 2006 letter.

The Court noted this decision does not pronounce on the general effect of a reservation of rights letter.

The insurer appealed a decision finding it had a duty to defend the respondent in an action brought by his daughter and son-in-law.

The Court of Appeal allowed the appeal, finding that the policy only covered personal injuries 'arising out of the conduct of your business'.

The underlying statement of claim alleged a family matter, and the mere fact that the plaintiffs were employed in the business was insufficient to trigger the duty to defend.