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.
23. January 2004 0
Westridge Construction Ltd. v. Zurich Insurance Co.,  S.J. No. 43, Saskatchewan Court of Queen’s Bench