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May 17, 2012

Coverage for Construction Deficiencies: BCSC Examines the 'Particular Part' in the CGL Work Exclusion

By R. Glen Boswall

In an April, 2012 ruling in Lombard General Insurance v. Canadian Surety Company, the British Columbia Supreme Court ("BCSC") analyzed and applied the "particular part" restriction within the typical CGL policy faulty work exclusion (the "particular part work exclusion"). In doing so, the BCSC followed the path set down by the Supreme Court of Canada (SCC) in Progressive Homes Ltd. v. Lombard General Insurance Company of Canada.

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