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Wawanesa Mutual Insurance Company v. Thiessen, 2009 SKQB 244: Court adjudicates between competing “other insurance” clauses – Excess vs Primary

David E. Thera and Rod J. Rath
June 2009 McKercher LLP, Saskatchewan

The Plaintiff fell from a climbing wall at a summer camp. The Defendant was a camp volunteer. The court found there was coverage available under both his Homeowners Policy and the camp’s CGL policy. The court reviewed the “other insurance” clauses and determined that the Homeowners Policy was primary and the CGL policy was excess only. The court also apportioned liability between the volunteer and the camp.

To read the full judgment please click here.

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