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ARTICLE · 25 APRIL 2018

The Duty To Defend Triggered Notwithstanding Environmental And Pollution Exclusion Clauses

Miller Thomson
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In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the "Insureds") ...

CanadaInsurance
Fareeha Qaiser
Fareeha Qaiser
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In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the "Insureds") brought an action against Economical Mutual Insurance Company and Intact Insurance Company (the "Insurers") seeking a declaration that the Insurers had a duty to defend the Insureds.

In 2014, a notice of civil claim was filed in 8549737 Canada Inc. and 8428450 Canada Inc. v. West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd., S140879 (the "Underlying Action") where the Insureds were sued for damages allegedly due to the migration of contamination from property owned and used by them, to adjacent lands.

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