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ARTICLE · 09 NOVEMBER 2018

Case Summary: Aviva Insurance Company v. Intact Insurance Company

The Plainitff Novak fell off a ladder at an after-hours jam session held at Patel's engineering firm Lakeland Engineering.

CanadaInsurance

FACTS AND ISSUES:

The Plainitff Novak fell off a ladder at an after-hours jam session held at Patel's engineering firm Lakeland Engineering. The engineering firm leased the property from a numbered company, 106220 Ontario Inc., which was controlled by the insured Patel. Novak sued the insured, the engineering firm, and the numbered company.

The insured sought coverage from three insurers and all three policies contained "other insurance" clauses:

  • Royal Sun Alliance ("RSA") which covered the insured Patel as a principal of the engineering firm;
  • Aviva which covered the insured Patel as the principal of the numbered company; and
  • Intact which provided the insured Patel's personal coverage.

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