Court Rules Construction Client Covered For Defence Costs

In a Superior Court ruling, Mitchell Kitagawa successfully argued that the insured, Dufresne Piling Company, should be awarded all reasonable defence costs.  Ashcroft Homes Inc. made the claim against Dufresne when a monastery owned by the plaintiff sustained damage during the excavation for a property development located next to the monastery.  The Court agreed that any damage that occurred would be covered by a wrap-up policy and that Ashcroft Construction Inc. was responsible for taking out the insurance coverage but had failed to do so.  As a result, Ashcroft Construction must now pay for those expenses that would have been covered by a wrap-up policy.  To read the ruling, please 2019_onsc_4634.pdf.