What is the equitable contribution of an insurer to a plaintiff's insurance policy when they are injured in a motor vehicle accident?

Saskatchewan, Canada


The following excerpt is from Insurance Company of the State of Pennsylvania v. Cameco Corporation, 2010 SKCA 95 (CanLII):

It is a well-established principle of insurance law that where an insured holds more than one policy of insurance that covers the same risk, the insured may never recover more than the amount of the full loss but is entitled to select the policy under which to claim indemnity, subject to any conditions to the contrary. The selected insurer, in turn, is entitled to contribution from all other insurers who have covered the same risk. This doctrine of equitable contribution among insurers is founded on the general principle that parties under a coordinate liability to make good a loss must share that burden pro rata. It finds its historic articulation in the words of Lord Mansfield C.J. in Godin v. London Assurance Co. (1758), 1 Burr. 489, 97 E.R. 419, at p. 420: If the insured is to receive but one satisfaction, natural justice says that the several insurers shall all of them contribute pro rata, to satisfy that loss against which they have all insured.

Other Questions


How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act? (Saskatchewan, Canada)
What is the test for a plaintiff to succeed in her claim that she was injured in a motor vehicle accident? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
Does a by-law of animals running at large apply to a plaintiff who was injured in a motor vehicle accident? (Saskatchewan, Canada)
Can a defendant be found not to be negligent in a motor vehicle accident where the vehicle is locked in a fenced-off secure area and the keys to the vehicle are locked? (Saskatchewan, Canada)
What is the impact of a motor vehicle accident on an insurance policy? (Saskatchewan, Canada)
What is the test for determining whether a plaintiff is a contributory driver in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for a plaintiff to prove reasonable excuse in a motor vehicle accident case? (Saskatchewan, Canada)
What is the test for calculating the damages of a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.