INSURANCE ISSUES
Where past negligence involved in the installation of the system
manifested itself in an explosion years later, the
"occurrence" or "accident" was held to have
occurred at the time of the explosion, not at the time of the
negligent installation, years after the policy period for the
occurrence-based policy.
R.C. Heating & Gasfitting Ltd. v The
Sovereign General Insurance Company, 2017 BCSC
1916 per Saunders, J. [4283]
FACTS AND ISSUES:
The insured, R.C. Heating & Gasfitting Ltd. ("RC
Heating"), was in the business of installing gas systems
during the time period of August 2001 to September 2007. In
February and March, 2005, RC Heating installed a gas system at a
property on Whitetail Lake in British Columbia (the
"Property"). During this time, RC Heating held a third
party liability policy (the "Policy") issued by Sovereign
General insurance Company ("Sovereign General"). In 2007,
RC Heating ceased operations and its Sovereign General