Acts and Regulations

I-12 - Insurance Act

Section 265
Disposition versions

Full text
Other Insurance
265(1)Subject to section 247, insurance under a contract evidenced by a valid owner’s policy of the kind mentioned in the definition “owner’s policy” in section 1 is, in respect of liability arising from or occurring in connection with the ownership, use or operation of an automobile owned by the insured named in the contract and within the description or definition thereof in the policy, a first loss insurance, and insurance attaching under any other valid motor vehicle liability policy is excess insurance only.
265(2)Subject to sections 247, 256, 257 and to subsection (1) of this section, if the insured named in a contract has or places any other valid insurance, whether against liability for the ownership, use or operation of or against loss of or damage to an automobile or otherwise, of his interest in the subject-matter of the contract or any part thereof, the insurer is liable only for its rateable proportion of any liability, expense, loss or damage.
265(3)“Rateable proportion” as used in subsection (2) means,
(a) if there are two insurers liable and each has the same policy limits, each of the insurers is liable to share equally in any liability, expense, loss or damage;
(b) if there are two insurers liable with different policy limits, the insurers are liable to share equally up to the limit of the smaller policy limit;
(c) if there are more than two insurers liable, paragraphs (a) and (b) apply mutatis mutandis.
1968, c.6, s.262; 1971, c.41, s.14
Other Insurance
265(1)Subject to section 247, insurance under a contract evidenced by a valid owner’s policy of the kind mentioned in the definition “owner’s policy” in section 1 is, in respect of liability arising from or occurring in connection with the ownership, use or operation of an automobile owned by the insured named in the contract and within the description or definition thereof in the policy, a first loss insurance, and insurance attaching under any other valid motor vehicle liability policy is excess insurance only.
265(2)Subject to sections 247, 256, 257 and to subsection (1) of this section, if the insured named in a contract has or places any other valid insurance, whether against liability for the ownership, use or operation of or against loss of or damage to an automobile or otherwise, of his interest in the subject-matter of the contract or any part thereof, the insurer is liable only for its rateable proportion of any liability, expense, loss or damage.
265(3)“Rateable proportion” as used in subsection (2) means,
(a) if there are two insurers liable and each has the same policy limits, each of the insurers is liable to share equally in any liability, expense, loss or damage;
(b) if there are two insurers liable with different policy limits, the insurers are liable to share equally up to the limit of the smaller policy limit;
(c) if there are more than two insurers liable, paragraphs (a) and (b) apply mutatis mutandis.
1968, c.6, s.262; 1971, c.41, s.14