Calendar·Insurance·Coverage Analysis
The 'Your Product' Exclusion: When CGL Coverage Ends at the Product Itself
FACULTY OF INSURANCECoverage Analysis • ~30 min

Examines a New Brunswick CGL coverage dispute where a building supply company's defective siding triggered the 'your product' exclusion and raised duty to defend questions regarding collateral property damage.

The 'Your Product' Exclusion: When CGL Coverage Ends at the Product Itself

Price
$79
Lessons
4
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What this course covers

01Understanding the Your Product Exclusion in Commercial General Liability Policies
02Tracing the Siding Failure Timeline From Sale to Litigation
10 min
03Distinguishing Product Replacement Costs From Collateral Property Damage Claims
04Assessing the Insurer's Duty to Defend When Pleadings Allege Mixed Damages

Scenario

In December 2006, a building supply company in Shediac, New Brunswick sold 179 pieces of exterior vinyl siding to a residential property owner, with installation completed in July 2007. By June 2010, the siding had begun to blister and peel; the manufacturer replaced the defective sections at no charge. In 2012, the same failure recurred across the entire installation, and a contractor determined that all siding required removal and replacement.

The property owner commenced an action against the supplier in April 2013, claiming breach of contract and statutory warranty, and seeking $68,229.40 in damages. The supplier's commercial general liability insurer initially agreed to investigate but by October 2013 denied coverage, invoking a "your product" exclusion. The supplier contends the claim extends to collateral property damage—insulation, vapour barriers, structural components—that would fall within coverage.

More in this program

Reading an Insuring Agreement: What Is Actually Covered
~30 min · $79
Exclusions: The Conditions Under Which Coverage Disappears
~50 min · $149
Underinsurance and Coinsurance Penalties
~30 min · $79

Related reading

Product Liability Insurance for Canadian Small Businesses: What Coverage Actually Means
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