Industriel Samson inc. (“Samson”), the claiming party in sub-warranty, presented a Wellington Motion in an effort to force its insurer, Les Souscripteurs du Lloyd’s (“Lloyd’s”) to take up its defence in a dispute against Zurich Compagnie d’assurances (“ Zurich”) and Intact Compagnie d’assurance (“Intact ”). To resolve the present case, they had to determine whether the damages claimed were covered or whether they fell under the exclusion clause relating to “the insured’s work,” as claimed by Lloyd’s.
