Can a property owned, occupied or used by an independent contractor and in care, custody and control of the same independent contractor be considered a "used by" insured?
Alberta, Canada
The following excerpt is from Kenting Drilling Ltd. v. The General Accident Assurance Company of Canada, 1979 CanLII 1176 (AB QB):
He then cited a lengthy passage from Watts v. Centennial Ins. Co., supra. He considered the American authorities relied upon by counsel for the defendant, some of which will be referred to below, and he found them to be inapplicable, stating as follows at p. 423: "No case has been cited to me which goes so far as to hold that where the property in question is 'owned, occupied or used by' an independent contractor and 'in the care, custody and control' of the same independent contractor the property can be said to be 'used by' the insured. I refuse to substitute the word for' in place of the word 'by'." (The italics are mine.)
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