Insurance Law Monthly
Contribution: effect of excess clauses
In Northbridge General Insurance Co v Aviva Insurance Co 2022 ONCA 519 the Ontario Court of Appeal has confirmed that if two primary layer policies each contain a clause making them excess if some other insurance exists, then the two excess clauses are irreconcilable and self-cancelling. The result is that contribution may be claimed by the paying insurer.
Northbridge
: the facts