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GIFFIN KOERTH in the policy. In Beauregard's opinion, a court cannot find against an insurer if it is clear from the policy that the claim is not covered," wrote René. Regardless, René says the latest ruling does bring the rules on insurers in Que- bec closer to those in the rest of Canada, even though the same legal principals — including estoppel — would not ap- ply. "It would put Quebec a little closer to the other provinces through differ- ent mechanisms, but the end result will likely be more similar than it was." Bob Emblem, a partner at Nicholl Paskell-Mede, an insurance law bou- tique, says although the ruling puts new requirements on insurers, it is pro-in- surance company. He says Beauregard agreeds the damage was caused due to an occurrence, there was a clause in the insurance that shielded Lombard. Al- ternatively, Robert said the clause could not be used because it wasn't introduced at the outset of the action and created a tacit waiver, but he did not agree with the trial judge that the damage was due to an occurrence. Regardless, both opin- ions favoured the insurance company. "The courts in Quebec seem to be say- ing an occurrence under a CGL policy seems to exclude faulty workmanship regardless of the consequences," says Emblem. "There's hundreds of cases out there where faulty workmanship leads to other damage constituting an occur- rence, that is what these policies are for, you buy these policies because you don't want to be alone when there is a lawsuit for damage caused by your workman- ship to other property." Regardless of the nature of the occur- rence, Emblem agrees insurers must be careful when stating their reasons for deny- ing a claim. While the case does not pro- vide clear direction on general commercial liability claims, the one definitive result will be a Quebec equivalent to estoppel. Read the QUEBEC SUPERIOR COURT RULING at www.jugements.qc.ca and the COURT OF APPEAL RULING at www.canlii.org/ fr/qc/qcca/doc/2008/2008qcca1759/2008qcc a1759.html SMART FORENSICS How you look at it matters There's more to smart forensics than superb science and a knack for solving puzzles. Here's our view on what makes a preferred partner. 360° Services The real world is complex. Forensic files mirror that complexity. So should forensic services. Unshakeable Science To win more cases and settle to greater advantage, do the forensics first. Clear Communications Your case is not compelling unless it's clear – and the telling holds up under fire. Collaborative Work Style Today's cases are simply too involved for people to work on their own. Vital Culture People make a difference – especially when you make a difference for them. If you see it the way we do, give Chris Giffin a call at 416.368.1700. Giffin Koerth is located in downtown Toronto at 40 University Ave., Suite 800, M5J 1T1 giffinkoerth.com FORENSIC ENGINEERING • FORENSIC ACCOUNTING • COMPUTER FORENSICS www. C ANADIAN Law ye rmag.com FEBRU AR Y 2009 39 ntitled-1 1 1/21/09 2:28:57 PM