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Topic

Subrogation

Civil Litigation & Appellate Advocacy

An insurer’s right to step into its insured’s shoes and recover what it has paid out from the party responsible for the loss.

Legal case banner on dark blue background: firm name on the left, case comment label on the right, large title Chippewas v Sexton’s Mechanical Limited with subtitle about builder’s risk and subrogation

The Contract Strikes Back: How a Breach of Builder’s Risk Obligations Defeated a Subrogated Claim

A subrogating insurer steps into its insured’s shoes, and inherits its insured’s contractual breaches along the way. In Chippewas v Sexton’s Mechanical Limited, the owner cancelled the required builder’s risk policy before occupancy and before the loss. On summary judgment, the subrogated claim was dismissed. A cautionary read for insurers and contractors alike.

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