What is the test for determining whether a primary policy is primary under s. 277 of the Insurance Act?
Ontario, Canada
The following excerpt is from Coachman v. Lombard, 2011 ONSC 1655 (CanLII):
The decision of Browne J. in ING Halifax v. Guardian Insurance Co. of Canada was decided prior to the 2006 amendments to s. 277 of the Insurance Act which provide that where a vehicle is rented and coverage is otherwise available to the renter, the renter's policy is primary.
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