The applicant, an automobile parts manufacturer, sought a determination of liability insurance coverage from its insurers after settling a product liability claim for $24 million USD.
The dispute centered on when the respondent's umbrella coverage responded and the quantum of the claim.
The court held that the umbrella coverage responded once the primary policy limits were exhausted, and that the applicant was entitled to recover the balance of its loss, including forecast repair costs, totaling $13.4 million USD.