Newsletters

504

A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy.

Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In the main claim, Bridor alleged that Mikado had committed three faults in its management of the construction, one of which consisted of damages caused to architectural panels that made up the outside walls of the expansion. The project and the parties were insured under two policies issued by Starr Insurance & Reinsurance Limited [Starr]: a Wrap-Up liability insurance policy and a Builder’s Risk insurance policy.

In a Wellington type application, Mikado asked the Court to order Starr to take up its interest, and defend it for the damage caused to the panels in virtue of the Builder’s Risk policy

The Court first noted that the Civil Code of Québec provides for two types of damage insurance: liability, and property. Justice Andres C. Garin observed that the legal obligation to take up an insured’s defence, expressed in article 2503 CCQ, is in subdivision III.3 of the chapter of the Code that applies exclusively to liability insurance.

Justice Garin then observed that Builder’s Risk policies are usually property insurance policies . After examining Starr’s policy, the Court concluded that it was in fact a property insurance policy that did not provide for the insurer’s obligation to take up its insured’s interest in case of a claim or lawsuit.

Since Mikado was only raising the Builder’s Risk policy, the Wellington application was dismissed.

Takeaway

  • Builder’s Risk policies are generally property insurance.
  • The object of the insurance must be determined through an analysis of the warranty clause, that defines the scope and nature of the protection provided;
  • In all cases, it is essential to examine all of the clauses in the policy since its designation may sometimes fail to reflect accurately all the coverage that it in fact provides;
  • An insurer is not required to take up its insured’s interest under a Builder’s Risk insurance.
504

Authors

Articles in the same category

New CAI Guidance on Preventing Confidentiality Incidents: A Practical Roadmap for Businesses in Quebec

On January 30, 2026, Quebec’s privacy regulator, the Commission d’accès à l’information (“CAI”), published fresh guidance aimed at strengthening how organizations prevent confidentiality incidents involving personal information. Confidentiality incidents are one of the most significant privacy risks facing organizations today. In Quebec, these incidents are governed by several laws, including the Act respecting the protection […]

Not-So-Latent Defects for a Poorly Equipped Tradesman

In Beaudoin v. Boucher, 2025 QCCA 1646, rendered last December 19, the Court of Appeal upheld the dismissal of an action in latent defects brought by the buyers of a residential property. The Court reiterated the buyer’s duty to pursue further inspections when confronted with serious indicia of defects, particularly where they possess recognized expertise […]

When Love and Construction Contracts Go Out the Window…

In Gélinas v. LG Constructions TR inc., rendered on October 30, 2025, the Court of Appeal comments on the legal framework governing a contractor unilaterally terminating two construction contracts. In particular, the Court clarifies the application of article 2129 of the Civil Code of Quebec (“C.C.Q.”), which provides, when applicable, that a client is bound […]

Finally Properly Interpreted, the Policy Had a Heart

In a recent decision, Morissette v. BMO Société d’assurance vie, the Superior Court reviewed the principles applicable to the interpretation of insurance policies. Facts In June 2003, the Plaintiff took out a health insurance policy (hereinafter “Policy”) with BMO Société d’assurance vie (hereinafter “BMO”). The Policy provides, among other things, that $150,000 will be paid […]

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]

Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant […]