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International Construction Law Review

BOOK REVIEW

HUMPHREY LLOYD

A Guide to Canadian Construction Insurance Law. By R Bruce Reynolds and Sharon C Vogel. Toronto, Canada: Carswell, 2013. Paperback. ISBN 978–0–7798–5328–1. 358 pp., plus Foreword, Preface and Tables and Index. C$145.00
The aim of this Guide has been amply fulfilled. It was to provide a practical insight into insurance policies available in the construction industry and to show how they are an integral part of the management of risk. The authors of the Guide are both partners in Borden Ladner Gervais LLP in Toronto and well-known specialists in construction law and insurance. The work is as much for policyholders as it is for insurers. It is written in exemplary clear language, unlike some policies which seem only to have meaning to those who wrote them in the previous centuries. One of its notable features is that the facts of many of the key cases are set out (with technical references) which make the decisions and their implications more understandable, especially to non-lawyers.
The work has some 16 chapters. After an introduction, treatment of the subject begins with an examination of construction risk and, inevitably briefly, of construction contracts and agreements. The work is not confined to the policies required by contractors and subcontractors but covers the position of the professionals and looks at specific insurance policies. It covers in depth, builders’ risk insurance (known elsewhere as contractors’ all-risks insurance), commercial general liability insurance, professional liability insurance (professional indemnity insurance) and specific insurances such as boiler and machinery and contractors’ equipment insurance, pollution insurances, default insurances and surety bonds. Because Canadian law in this area has traditionally derived from English commercial law, the coverage refers at times to English cases. However, the authors also look rather more to the south and to the position in the United States so that there are many references to cases in the United States, which is particularly apposite since, for example, “builders’ risk” is a North American term.
In a short review only some of the key areas can be highlighted. The basic notion of “fortuity” and the allied (and somewhat underestimated) concept of “inherent vice” are both covered perceptively. There is excellent coverage of exclusions, and also of exceptions to exclusions which can be deceptive. The treatment of professional liability policies is all that an architect or engineer or other professional might basically require.
Are there any improvements that could be made? The answer is: by the authors—very few. It might be helpful to go into the nature of an indemnity a little more. The obligation to indemnify classically arises only when a party has had to meet a third-party claim. This affects the time within which a claim might be made and, in turn, whether cover is available. As regards the

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