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Subcontractor in hot water! – The insurer’s obligation to defend – Exclusion clause regarding “the insured’s work” – Are the damages claimed covered, or are they the result of defects in the “insured’s work?”

January 2019 Donati Maisonneuve, Quebec

Ville de Québec v. Socomec Industriel inc. and Zurich and Intact v. Réfrabec inc. and Industries Samson inc. and Lloyd’s, 2018 QCCS 3878

Industriel Samson inc. (“Samson”), the claiming party in sub-warranty, presented a Wellington Motion in an effort to force its insurer, Les Souscripteurs du Lloyd’s (“Lloyd’s”) to take up its defence in a dispute against Zurich Compagnie d’assurances (“ Zurich”) and Intact Compagnie d’assurance (“Intact ”). To resolve the present case, they had to determine whether the damages claimed were covered or whether they fell under the exclusion clause relating to “the insured’s work,” as claimed by Lloyd’s.

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