Ultimate Windows Doors v Aviva Insurance Company of Canada, 2014 NBQB 159
Ultimate sold siding to the Cusacks for their family home. Shortly after it was installed, the siding had to be replaced twice because it was blistering and peeling. The Cusacks brought an action against Ultimate for breach of contract alleging the siding was not fit for the purpose. Ultimate filed a claim with Aviva under its CGL policy. Aviva refused to pay or to defend the claim on the basis that the claim fell under the “your product” exclusion. Aviva’s position was that the policy covered damage caused by faulty products and not damage to faulty products.
