In TD General Insurance Company v. Intact Insurance
Company,1 the Ontario Court of Appeal provided
clarity on the issue of overlapping insurance coverage. Most
notably, Juriansz J.A. confirmed that where limiting intentions
within multiple insurance policies cannot be reconciled, the
insurers must share equally in the obligations of defence and
indemnity. Insurance companies and lawyers alike will need to keep
this decision in mind when dealing with cases where there are
multiple policies responding to a loss.
The Facts
The case involved a boating accident. The passenger of the boat
sued the driver and owner, claiming that she was injured when the
boat struck the shoreline.
The driver was covered by two insurance policies. The owner of
the boat held a TD homeowner's policy that covered the driver,
who was driving the boat with the owner's permission. The
driver was also covered by his own homeowner's policy, issued
by Intact. Both insurance policies contained
