The plaintiff’s action against the defendant insurer, alleging liability according to section 24 of the Insurance Act, was dismissed. The court found that the CGL policy held by the third-party insolvent insured did not provide coverage for losses arising from breach of contract when air conditioning equipment rather than refrigeration equipment was installed by the third-party insured. The defendant insured was not estopped from denying coverage as a result of its actions in defending the claim advanced by the plaintiff against the third-party even in the absence of a formal non-waiver agreement or reservation of rights by the insurer.
29. December 2004 0
Alpine Florist & Food Market Ltd. v. Axa Pacific Insurance Company,  B.C.J. No 2710, 2004 BCSC 1731, British Columbia Supreme Court