Scott Brearley successfully defeats application to force insurance company to provide strata council with defence

Scott Brearley successfully defended Great American Insurance Company ("Great American") at the BC Supreme Court against an application by its insureds, in their capacity as strata council members, to force Great American to provide them with a defence in a related BCSC action. The related action was commenced by a strata member alleging that the strata council failed in its duties to maintain and repair the common property, resulting in mould and fungus infestations that ultimately rendered his suite uninhabitable. In reasons issued December 14, 2010, Mr. Justice Willcock dismissed the application and held that Great American was not required to provide the insureds with a defence given the stated exceptions to coverage in their insurance policy. The strata council members are appealing Willcock J.'s decision; a hearing date has not yet been set.