The applicant and respondents both provided professional liability insurance to a nurse facing a disciplinary complaint from the College of Nurses of Ontario.
Both insurers acknowledged a duty to defend.
The applicant sought an order that the respondents share the defence costs equally, arguing their 'other insurance' clauses were irreconcilable.
The court found that the 'other insurance' clause in the applicant's policy only applied to claims for compensatory damages ('professional incidents'), not disciplinary complaints.
Therefore, the clauses could be read together, making the applicant the primary insurer for the disciplinary complaint.
The application was dismissed.
