The insurer was obligated to defend its insured under a
homeowner policy where its insured was alleged to have engaged in a
road rage assault against another driver after the insured stopped
and exited from his own vehicle – it was not sufficiently
clear that the resulting injuries arose from the ownership, use or
operation” of the insured's vehicle.
Pembridge Insurance Company of Canada v.
Chu, 2019 ONCA 904; lv.
to appeal to the S.C.C. dismissed 2020 CarswellOnt 2801
(S.C.C.)
Facts and Issues
The Plaintiff Moran sued the Defendant Fabrizi for injury,
alleging that Fabrizi ran a red light. Fabrizi third partied
Dennis Chu. Chu was alleged to have driven negligently and
then to have exited his vehicle and threatened Fabrizi and her
passenger with violence, yelled at them and hit various parts of
the Fabrizi vehicle and made gestures at Fabrizi and her passenger,
all of which put them in fear for their lives. It seems to
have been alleged that this caused
