TD General Insurance Company v. Intact Insurance Company

JurisdictionOntario
JudgeJuriansz,Brown,Roberts
Date09 January 2019
Docket NumberC65282
Citation2019 ONCA 5
CourtCourt of Appeal (Ontario)

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6 practice notes
  • Ontario Court Of Appeal Summaries (January 7 – 11, 2019)
    • Canada
    • Mondaq Canada
    • January 18, 2019
    ...John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email CIVIL DECISIONS TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5 [Juriansz, Brown and Roberts JJ.A.] Counsel: Marc D. Isaacs and Arie Odinocki, for the appellant Gary J. Marcuccio, for the respondent Keywords: C......
  • EPCOR ELECTRICITY DISTRIBUTION ONTARIO INC. v. MUNICIPAL ELECTRIC ASSOCIATION RECIPROCAL INSURANCE EXCHANGE
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 16, 2021
    ...(see Family Insurance Corp. v Lombard Canada Ltd., 2002 SCC 48 at paras 35-39; TD General Insurance Company v Intact Insurance Company, 2019 ONCA 5 at paras 20 – 21).  It argues that if judgment is made against MEARIE it is entitled to a credit for Liberty’s contribution ......
  • Court Of Appeal Clarifies Approach To Overlapping Insurance Coverage
    • Canada
    • Mondaq Canada
    • January 23, 2019
    ...to contribute, they may have to consider adjusting the wording of their "other insurance" clauses to be more specific. Footnotes 2019 ONCA 5 [TD v Intact]. 2002 SCC 48 [Family Insurance]. TD v Intact, supra note 1 at para 16. Ibid at para 17. Ibid. Ibid at paras 19-20. Ibid at para 16. Ibid......
  • Northbridge General Insurance Company v. Aviva Insurance Company
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 13, 2021
    ...that the wording used in the policies, is similar to the wording considered in TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5, 144 O.R. (3d) 342.  In that case, the plaintiff was injured while riding in a boat and sued the operator.  The operator had coverag......
  • Get Started for Free
2 cases
  • EPCOR ELECTRICITY DISTRIBUTION ONTARIO INC. v. MUNICIPAL ELECTRIC ASSOCIATION RECIPROCAL INSURANCE EXCHANGE
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 16, 2021
    ...(see Family Insurance Corp. v Lombard Canada Ltd., 2002 SCC 48 at paras 35-39; TD General Insurance Company v Intact Insurance Company, 2019 ONCA 5 at paras 20 – 21).  It argues that if judgment is made against MEARIE it is entitled to a credit for Liberty’s contribution ......
  • Northbridge General Insurance Company v. Aviva Insurance Company
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 13, 2021
    ...that the wording used in the policies, is similar to the wording considered in TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5, 144 O.R. (3d) 342.  In that case, the plaintiff was injured while riding in a boat and sued the operator.  The operator had coverag......
4 firm's commentaries
  • Ontario Court Of Appeal Summaries (January 7 – 11, 2019)
    • Canada
    • Mondaq Canada
    • January 18, 2019
    ...John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email CIVIL DECISIONS TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5 [Juriansz, Brown and Roberts JJ.A.] Counsel: Marc D. Isaacs and Arie Odinocki, for the appellant Gary J. Marcuccio, for the respondent Keywords: C......
  • Court Of Appeal Clarifies Approach To Overlapping Insurance Coverage
    • Canada
    • Mondaq Canada
    • January 23, 2019
    ...to contribute, they may have to consider adjusting the wording of their "other insurance" clauses to be more specific. Footnotes 2019 ONCA 5 [TD v Intact]. 2002 SCC 48 [Family Insurance]. TD v Intact, supra note 1 at para 16. Ibid at para 17. Ibid. Ibid at paras 19-20. Ibid at para 16. Ibid......
  • Competing 'Other Insurance Clauses': Can One Trump The Other?
    • Canada
    • Mondaq Canada
    • January 25, 2019
    ...TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5, the Court of Appeal considered whether one insurer's "other insurance clause" could trump the other's. Both policies provided coverage for the loss and contained identically worded clauses making their policies excess to......
  • Ontario Court Rejects Well Established Rules For Interpreting Insurance Policy Exclusions
    • Canada
    • Mondaq Canada
    • March 18, 2019
    ...Insurance Corp v. Lombard Canada Ltd., 2002 SCC 48 [Family Insurance Corp.]. TD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5. Amos v Insurance Corp. of British Columbia, [1995] 3 SCR 405 at para 24 Pembridge at para 36. Reid Crowther & Partners Ltd. V Simcoe & ......