That's Cold: Insurer Ordered To Defend Claims Made Against Cold Storage Provider

The Alberta Court of Appeal ordered an insurer to defend claims made against the insured's cold storage business, which was sued when its warehouse thawed and damaged its customer's food products.¹

The insurance contract contained more than 20 coverage forms, but only four were relevant. The CGL Form required the insurer to defend proceedings instituted against the insured, Clauson, "for any accident or 'occurrence' covered by this Policy." The insurer, Intact, claimed its defence obligations were limited to the confines of the CGL Form, and would not include the Equipment Breakdown Coverage forms relied upon by the insured (which had no duty to defend language). The Court rejected this, noting that the CGL Form required Intact to defend proceedings covered by the "Policy". The Declarations Form stated that the "Policy Declarations together with the Supplementary Declarations, Policy Conditions, forms, riders and endorsements, if any, issued to form a part thereof,