Aviva Insurance Company v. Intact Insurance Company, 2018 ONSC 238

In cases involving “other insurance” clauses, the clauses only apply where the policies cover the same risk. In this case, the Aviva and Intact policies covered the same insured, but one was for business risks (CGL) and the other was for personal risks (homeowner’s policy). As such, the “other insurance” clauses did not apply, both insurers were primary, and they both had a duty to defend and indemnify the insured.