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ARTICLE · 21 MARCH 2018

Other Automobile Insurance Policies May Respond Before Umbrella Policies

Miller Thomson
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The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on...

CanadaLitigation, Mediation & Arbitration
Sean McGarry
Sean McGarry
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The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on an umbrella liability policy.

In Benson v. Walt,1 Paul Robert Walt was sued for negligence in relation to a motor vehicle accident. He had two policies with State Farm: an automobile policy with limits of $300,000.00 and a personal liability umbrella policy ("PLUP") with limits of $1,000,000.00.  Mr. Walt was also a named insured under a policy issued by Economical Mutual Insurance Company with limits of $1,000,000.00, on another automobile.

Mr. Walt was operating the vehicle insured by State Farm at the time of the accident.

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