It may be difficult for an insurer to establish that an insurance policy has lapsed

Ontario Court of Appeal upholds arbitrator’s decision as to which insurer had an obligation to pay benefits to an insured claimant.

Wawanesa Mutual Insurance Co. v. Lombard Canada, [2010] O.J. No. 3617, May 27, 2010, Ontario Court of Appeal, J.C. MacPherson, E.E. Gillese and R.A. Blair JJ.A.

The Ontario Court of Appeal was asked to overturn a decision upholding two decisions rendered by an arbitrator with respect to a dispute between insurers as to which insurer was required to pay benefits to an individual injured in a motor vehicle accident. The two insurers insured the two vehicles involved in the accident. The Insured had applied to Wawanesa, the insurer of the van in which she was a passenger. Wawanesa advised that the policy had lapsed and returned her application.  The Insured then applied to Lombard, the insurer of the other vehicle. Lombard paid benefits, but later sent a notice of dispute to Wawanesa. An arbitrator found that Wawanesa should have paid benefits to the Insured. The Court of Appeal upheld the judge below which upheld the decision of the arbitrator.

This case was digested by Cameron B. Elder of Harper Grey LLP.

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