This is the appeal of a judgment by the motions court holding that an excess insurer was required to contribute pro rata to defence costs incurred by a primary insurer in defending an action where the claim was settled. The Appeal court reversed in part, holding that the excess insurer was responsible to contribute only to costs incurred after it had definitive notice that a judgment could exceed the policy limits of the primary insurer.
03. May 2005 0
ING Insurance Co. of Canada v. Federated Insurance Co. of Canada,  O.J. No. 1718, Ontario Court of Appeal