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INSURERS - Duties - Duty to defend

Friday, May 05, 2017 @ 8:43 AM  

Appeal by the plaintiff, Mason Homes, from the dismissal of its action against the defendant, Lombard General Insurance. The plaintiff, a property development company, entered a subdivision agreement with a municipality in respect of construction of a residential home on a steep slope that exceeded the maximum municipal standards. The agreement required the plaintiff to include a warning regarding the slope steepness in the agreement of purchase and sale for the eventual homeowners. The plaintiff failed to include the warning and the agreement for purchase and...