Keyword
faulty workmanship
Pyrrhic victory for Intact in faulty workmanship coverage dispute
May 27, 2020 by Greg MeckbachIntact Insurance has convinced an Alberta court that the “faulty workmanship” exclusion applies in a disputed commercial fire claim but the carrier still has to pay more than $600,000 to a bakery, mainly because the judge rejected Intact’s definition of…
Home insurance can cover damage by a contractor during restoration, court finds
July 25, 2019 by Greg MeckbachIf your client’s house is accidentally damaged by a repair or renovation contractor while it is working on that building, does the home insurance cover it? Some carriers would say no, but a recent court ruling means exclusions for “property…
Property Loss Update: A review of recent cases, Part 1
November 3, 2017 Glenn GibsonThere have been a number of very important cases in recent months involving coverage issues, which are worthy of note. The Supreme Court of Canada has now become involved in trying to clarify the process that should be followed in…
Dirty Windows Help to Clarify Appellate Review of Standard Form Contracts
February 10, 2017 Michael S. Teitelbaum, partner; and Tara Chown, student-at-law, Hughes Amys LLPThe Supreme Court of Canada decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. has created an exception to the principle outlined in Sattva Capital Corp. v. Creston Moly Corp. and may lead to an increase in insurance litigation.
Monk v. Farmers’ Mutual Insurance Co. (Lindsay): Further Lessons in Policy Language and Interpretation
May 18, 2016 Michael S. Teitelbaum, partner; and Ashley Peacock, associate Hughes AmysIntroduction In Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2015] ONCA 911, the Court of Appeal reversed the motion judge’s decision1 that the “faulty workmanship” exclusion applied to both direct and indirect damages. The Court ruled that the motion judge’s…