Economical Insurance Co. v. Trafalgar Insurance Co.
TRAFALGAR INSURANCE COMPANY
Law Firm / Organization
Not Specified
ECONOMICAL INSURANCE COMPANY
Law Firm / Organization
Lerners LLP

The case of Economical Insurance Co. v. Trafalgar Insurance Co. dated September 7, 2023, involved a priority dispute that had arisen between insurance companies under section 268(2) of the Insurance Act, R.S.O. 1990, c. I.8, and Ontario Regulation 283/95 - Disputes Between Insurers. The dispute had stemmed from a motor vehicle accident involving Jatinderjit Rakhra, who had been driving a 2009 Chevrolet Aveo borrowed from a rental company. The Aveo had been owned by Satkar Auto Services and Sales, insured by Economical Insurance, while the other vehicle involved had been insured by Trafalgar Insurance. The Appellant, Trafalgar, had appealed an arbitration decision dated January 6, 2022, in which it had been determined that Ms. Rakhra had not been entitled to Statutory Accident Benefits (ABs) coverage from Economical. The appeal had been dismissed as the Arbitrator had found no factual errors and had correctly applied the law. It had been established that Ms. Rakhra had not been insured under the Economical policy, and her entitlement to ABs had relied on Economical insuring the Aveo. Economical had insured Satkar under an Ontario Garage Policy, and the dispute had hinged on whether the Aveo had been used in Satkar's business. The costs had been determined to be $15,000 payable by Trafalgar to Economical, as agreed upon by the parties.

Superior Court of Justice - Ontario
CV-22-00676209-0000
Insurance law
$ 15,000
Respondent