Just after midnight on July 11, 2010 Paul Heffernan crashed his motor boat into a dock tragically killing himself and injuring his passenger. The coroner’s report indicated a blood/alcohol level of .277, more than three times over the legal limit.[1] The injured passenger sued the Estate. The insurer refused to defend or indemnify. The Estate now brings this application for a declaration that the respondent insurer is obliged to provide a legal defence and indemnify the applicant against any liability that may be imposed with respect to the boating accident.