Wawanesa Mutual Insurance Co. v. Lombard Canada

[2010] O.J. No. 3617

2010 ONCA 383

Ontario Court of Appeal

J.C. MacPherson, E.E. Gillese and R.A. Blair JJ.A.

May 27, 2010

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.