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Paramount Resources Ltd v Chubb Insurance Company of Canada

Case Overview:
Paramount Resources Ltd. sued Chubb Insurance and others, seeking coverage under pollution liability insurance for a 2016 pipeline release. The main issue was whether the release was “detected by any person” within the policy’s 720-hour (30-day) window.

Key Facts:

  • The release began on April 21, 2016.
  • Data anomalies were observed by ConocoPhillips (the operator) on April 30, 2016, but were attributed to equipment errors.
  • Hydrocarbon contamination was visually confirmed on June 9, 2016.
  • Paramount settled a related arbitration for $11 million and sought indemnity from its insurers.

Policy Terms:

  • Coverage required that a "Pollution Incident" be “detected” within 720 hours and reported within 2160 hours.
  • Insurers argued "detected" required subjective awareness, while Paramount argued it included objective indicators.

Trial Decision:
The trial judge interpreted “detected” to mean awareness of credible information suggesting a release (objective test). They found the release was detected by April 30, 2016, within the coverage window.

Appeal Decision:
The Alberta Court of Appeal reversed the decision, ruling that:

  • “Detected by any person” required subjective awareness of a release, not just anomalies.
  • The release was detected on June 9, 2016, outside the policy’s time limit.
  • The trial judge improperly incorporated regulatory standards not part of the contract.

Outcome:
The appeal was allowed, and coverage was denied to Paramount. No monetary award was granted.

Chubb Insurance Company of Canada
Lloyd's Underwriters
Royal and Sun Alliance Insurance Company of Canada
Paramount Resources Ltd
Law Firm / Organization
Not specified
Lawyer(s)

N. Ng

J.A. Legge

Court of Appeal of Alberta
2301-0306AC
Insurance law
Not specified/Unspecified
Appellant