Case Summary: SWAT Consulting Ltd v Canadian Western Bank

An insurer is not required to pay a third party contractor after having previously paid their insured. The third party contractor's claim against an insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismissed. 

SWAT Consulting Ltd v Canadian Western Bank, 2018 ABQB 875, per Prowse, Master 

Facts + Issues

Anterra obtained two consecutive policies of liability insurance from the defendant Energy Insurance. The policies provided coverage for various types of liability, including liability arising from pollution claims. Anterra was involved in two pipeline spills for which Energy Insurance paid Anterra a total of $3,266,629.99 in that regard (the "insurance proceeds").