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ARTICLE · 05 OCTOBER 2022

Builder's Risk Policies In Quebec: No Duty To Defend

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Quebec has come to be well known in the industry for the strict legal obligations it places on insurers regarding the duty to defend, pursuant to the Civil Code of Quebec ("C.c.Q.").

CanadaInsurance
Stephanie Massé
Stephanie Massé
Ioana Manea
Ioana Manea
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Quebec has come to be well known in the industry for the strict legal obligations it places on insurers regarding the duty to defend, pursuant to the Civil Code of Quebec ("C.c.Q."). In a recent Superior Court case, Bridor inc. v. 90784497 Québec inc. (2022 QCCS 2496 (CanLII)), the Court examined the true nature of a Builder's Risk policy in order to determine whether the insurer should be forced to defend. The Court ruled that the mandatory duty to defend does not apply to a Builder's Risk policy seeing as it is "property insurance" rather than "liability insurance."

Bridor inc. ("Bridor") retained Mikado Construction ("Mikado") to supervise expansion work at one of its plants. Bridor eventually filed an action against Mikado for damages to composite wall panels.

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