Homeowners policy: Are policy holders covered when a family member residing in the home is injured?

In Traders General Insurance Company v Gibson, 2019 ONCA 985,the Court of Appeal for Ontario concluded that an insured is not eligible for coverage under a homeowner’s insurance policy when another family member who resides in the home sustains injuries on the premises.

Facts

Ms. Gibson was insured with Traders General Insurance Company. Her 60-year-old daughter commenced an action against her for damages resulting from a fall from the porch of the house. Both mother and daughter were tidying the porch.

Ms. Gibson’s policy contains an exclusion of coverage for claims made against her arising from “bodily injury to … any person residing in your household other than a residence employee.”

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