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Homeowners liable to contractor in construction lien proceedings but not indemnified by their property insurer for additional costs under the guaranteed replacement cost endorsement of their policy

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 10 2010

In TGA General Contracting v. Cirillo (October 15, 2009), the Ontario Superior Court of Justice gave judgment to a contractor (“TGA”) in construction lien proceedings for unpaid work and materials and concurrently dismissed the homeowners’ claim against their property insurer (“Wawanesa”) for those amounts pursuant to the guaranteed replacement cost (“GRC”) endorsement of their homeowner’s policy following fire damage to their home

CGL update: more on the subcontractor exception and the "your work" exclusion

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 9 2009

In the recent decision of the B.C. Court of Appeal in Progressive Homes Limited v. Lombard General Insurance Co (March, 2009), the majority upheld a lower court ruling that declared that Lombard had no duty to defend Progressive under four successive CGL policies as a result of four separate actions brought against Progressive by the B.C. Housing Management Commission (“B.C. Housing”