The Supreme Court has ordered an insurance company to defend a couple being sued for a slip and fall injury.

The incident occurred at a residence in C.B.S. that included a home-based business.

A person visiting the business slipped and fell at the property, blaming a step that they claim was not safe.

The homeowners were sued for damages, and asked their insurance company to defend them against the action.

However, Intact Insurance refused, saying there was no “duty to defend” because of an exclusion in their policy for home-based business.

But in a ruling this week, Supreme Court Justice Robert Stack disagreed, saying Intact does have a duty to defend and they failed to prove the claim was based on the business.

He said even if it was, the homeowners are being sued in their “personal capacity” under the policy, not because of the business or nature of it.

The judge also ordered Intact to pay the homeowners’ legal bills arising from the dispute with the insurance company.