British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

A general contractor ("Westridge") applied for a declaration that its general liability insurer was required to defend it in an action arising from defects in a hog barn constructed by Westridge. The court dismissed Westridge’s application holding that the true nature of the claim against Westridge was for breach of contract and that the claims in negligence were derivative of this contract claim and did not give rise to a duty to defend.

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The Insurer who issued a homeowner’s policy, rather than the Insurer who issued a commercial policy, was required to defend the Insured with respect to an action concerning a slip and fall at his residence even though the action was related to the Insured’s business activities.

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The Defendant Insurer was entitled to rely on an exclusion clause which excluded from coverage property damage occurring after the subject premises had been vacant for more than 30 consecutive days. The extended vacancy also constituted a material change in the risk assumed by the Insurer of which they ought to have received notice.

Here is a link to the decision.

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The vacancy of a residence constitutes a material change in risk in a policy of home insurance, and the insurance policy is voided by the failure of the insured to notify of the change in risk upon vacating the premises. The policy is void whether the policy is payable in favour of the insured, or a third party, such as a bank with a mortgage in trust in the property.

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Indemnity for automobile damage is not restricted to damages arising from a collision, but also includes damages that arise from the use and operation of a motor vehicle.

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