The court ordered the Insurer to defend the Insured under a commercial general liability policy where the Plaintiff alleged that the Insured was negligent in performing building inspections which resulted in property damage in a condominium development project. The policy covered property damage caused by an accident or property damage which arose out of the operations performed on or incidental to the Insured’s development project.
Blue Mountains (Town) v. Royal and Sun Alliance Insurance Co. of Canada, [2003] O.J. No. 4881, Ontario Superior Court of Justice