The Alberta Court of Appeal recently released two insurance coverage decisions analyzing:
- What facts would trigger the insurer’s duty to defend; and
- Whether a policy covered property damage that resulted from a contractor’s faulty workmanship.
In both cases, the three-justice panel decided against the insurer.
The Duty to Defend
On September 15, 2016, the Supreme Court of Canada (the “SCC) released its decision in Ledcor Construction Ltd. v Northbridge Indemnity Insurance (2016 SCC 37). In its decision, the Court considered the appropriate standard of review for standard form contracts, as well as the proper interpretation of an insurance policy exclusion clause.
Writing for all but Justice ...
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