Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (British Columbia Court of Appeal)

Four separate actions were brought against Progressive Homes Ltd. by the B.C. Housing Management Commission, concerning separate condominium projects built by Progressive.  The actions alleged significant damage due to water penetration resulting from defects in the buildings’ envelopes. 

Progressive argued that Lombard had a duty to defend the actions (on Progressive’s behalf) under various commercial general liability policies.  The lower Court held that there was no coverage under the particular policies and no duty to defend.  The lower Court decision was upheld on appeal.