Ultimate Windows Doors Ltd. v. Aviva Insurance Co. of
Canada, 2014 NBQB 159
In 2006, Thomas and Catherine Cusack purchased siding for their
house from Ultimate Windows Doors Ltd. ("Ultimate"). In
2010, the siding blistered and peeled and needed to be replaced,
which the manufacturer did free-of-charge. Unfortunately, by 2012,
the siding was again blistering and peeling and the Cusacks filed a
lawsuit for $70,000.00, naming Ultimate as a Defendant.
Ultimate had a commercial general liability insurance policy (a
'CGL policy') with Aviva Insurance Company
("Aviva") and forwarded the Statement of Claim to
Aviva's attention. Aviva responded, saying that it would not
defend Ultimate as the window company was not covered under the CGL
policy for the Cusacks' claim. The CGL policy did not provide
coverage for replacing faulty products. Meanwhile, the Cusacks'
claimed the siding was not of merchantable quality and was unfit
for its purpose (i.e. the siding itself was
