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Liability insurance coverage and latent defects

Publication date: July 31, 2009 | Last update: April 27, 2020

This summary does not constitute a legal opinion. The information it contains may not reflect the current state of the law.

​First, a Wellington Motion is an interlocutory motion filed by an insured against its liability insurer in order to compel the latter to undertake its duty to defend in an action instituted by a third party.

The Context
On September 30, 2004, Plaintiff Sylvie Pageau acquired the property of Defendants Lise Leblanc and Paul Richard. Subsequently, Ms. Pageau instituted a recourse for latent defects against Ms. Leblanc and Mr. Richard. On July 30, 2004, Ms. Leblanc and Mr. Richard instituted a recourse in warranty against their liability insurer SSQ Assurances générales inc. (“SSQ”) under a Homeowner Insurance Policy.

​Ms. Leblanc and Mr. Richard also filed a motion asking that the Court orders SSQ to undertake its duty to defend them in Ms. Pageau’s action. The decision rendered by Justice Suzanne Ouellet of the Superior Court deals with this Wellington Motion.