Is the Wawanesa Policy concurrent coverage with the ICBC Policy?
British Columbia, Canada
The following excerpt is from Wawanesa Mutual Insurance Company v Insurance Corporation of British Columbia, 2021 BCSC 595 (CanLII):
I conclude that the Wawanesa Policy and the ICBC Policy provide concurrent coverage. I agree with ICBC that the Wawanesa Policy is not excess insurance. The wording of the Wawanesa Policy stating that it is excess, only applies where both insurers provide coverage for the same risk. Here, the two policies do not overlap. The ICBC Policy insures the “auto-related claims” and the Wawanesa Policy insures the “non-auto related” claims: see Family Insurance v. Lombard Canada Ltd., 2002 SCC 48.
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