Thomas G. Heintzman, O.C., Q.C., FCIArb

A Contractor’s Construction Errors May Be Covered By A General Liability Policy

In two recent decisions, courts in Ontario and British Columbia have held that negligence during construction (or manufacturing) may be covered by general liability policies even though the damage is part of the construction (or the product sold): California Kitchens & Bath Ltd. v. AXA Canada Inc. and Bulldog Bag Ltd. v. AXA Pacific Insurance […]

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Does An Insurance Clause Preclude The Contractor From Being Sued?

An insurance clause in a building contract usually provides that one of the parties will obtain insurance for the project, and that some or all of the other parties engaged on the project will be covered under that insurance. The issue raised by such a clause is whether the party that agreed to take out […]

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The Duty To Defend: What Are The Indemnity Obligations In Construction Contracts?

Construction Law –  Insurance – Duty to Defend A recent Ontario decision regarding the duty to defend against claims may have wide reaching implications for construction law even though the action did not involve a building contract.  In Cadillac Fairview v. Jamesway Construction, 2011, the Ontario Superior Court recently held that an indemnity obligation in […]

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Builder’s Risk Insurance: the Dangers of Misunderstanding the Covered Risks

Builder’s Risk Insurance: the Dangers of Misunderstanding the Covered Risks Covering risks by appropriate insurance is an essential element in planning a construction project.  But what happens when the insured owner, its insurance agent and the insurance company have a different understanding of the risk?  The British Columbia Court of Appeal recently addressed this issue […]

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A Contentious Insurance Issue – The Scope of the Duty to Defend Under a CGL Policy

Today we will examine a recent decision of the Supreme Court of Canada relating to Insurance Law and the insurer’s Duty to Defend in the context of construction projects:  Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada. This case provided the Supreme Court with an opportunity to consider a contentious issue in Canadian […]

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