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Complementary and primary coverage and implications for costs and settlement

Thursday, April 05, 2018 @ 8:52 AM | By Ashley Peacock

If coverage is complementary and not overlapping, does the insurer provide primary or excess coverage? What then are the insurer’s obligations regarding contribution to defence costs and settlement? The Ontario Superior Court in Aviva Insurance Company v. Intact Insurance Company 2018 ONSC 238 was faced with the foregoing questions.

In Aviva, Aviva brought an application to compel Intact to contribute to the costs incurred in defending and settling a liability claim against their mutual insured, Sanjay Patel.

The underlying facts to the application pertain to injuries...