Who's on the Risk (and For How Much?): Allocating And Apportioning Indemnity And Defence Costs Among Insurers In Canada

Author: Neo Tuytel

Revised: April, 2007

A surprising number and variety of losses may be covered by more than one policy of insurance. The result is that, on more occasions than might have been thought, one insurer may obtain from others partial or even complete recovery of its costs of resolving a claim.

This paper is an attempt to summarize and critique, in a comprehensive fashion, the state of such law as there now is governing contribution or “overlapping coverage” issues in this country.

An Executive Summary version of this paper is available for download below. To obtain a full length copy of this paper (94 pgs.), please contact the author Neo Tuytel at 604.643.3180 or njt@cwilson.com.

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(PDF Format, 30 pgs.)