← University
Coverage Stacking and Priority of Policies
0 of 6

A regional manufacturer of industrial components in southwestern Ontario experienced a catastrophic equipment failure that damaged a customer's production facility and caused significant business interruption losses. The customer, a large automotive parts supplier, filed a claim against the manufacturer alleging defective product design and inadequate quality control. The total claimed damages exceeded $8 million, encompassing property damage to the customer's facility, replacement costs for the failed components, and consequential business losses from 4 months of reduced production capacity.

The manufacturer maintained what appeared to be comprehensive insurance protection. A commercial general liability policy with $2 million per occurrence limits and a $5 million aggregate had been in place for 7 years with one insurer. An umbrella liability policy providing $10 million in excess coverage sat above the primary CGL, placed with a different insurer 3 years earlier when the manufacturer expanded its customer base to include larger industrial clients. A professional liability policy covering design errors, carrying $3 million limits, had been purchased 18 months before the loss following advice from the company's insurance broker. The manufacturer also held product recall coverage and a separate errors and omissions policy inherited through an acquisition 2 years prior.

When the claim arrived, the manufacturer notified all potentially responsive insurers. The primary CGL insurer acknowledged coverage but reserved rights regarding the design defect allegations. The umbrella carrier questioned whether proper attachment had occurred and raised concerns about the underlying policy's "other insurance" clause. The professional liability insurer disputed that the claim fell within its coverage grant, pointing to exclusions for bodily injury and property damage. The inherited errors and omissions policy contained a prior acts limitation that created uncertainty about coverage for design work predating the acquisition.

Within 60 days of the initial claim notification, the manufacturer faced conflicting coverage positions from 4 insurers, 2 reservation of rights letters, and a customer demanding immediate payment to preserve the commercial relationship. The broker who had assembled the coverage program over multiple years had not conducted a comprehensive stacking analysis, and the policies contained conflicting other insurance clauses—some pro rata, some excess, and one containing an escape clause that purported to void coverage entirely when other insurance existed. The manufacturer's risk manager discovered that no single document mapped how the various policies were intended to coordinate, and the total theoretical limits across all policies bore little relationship to the actual recoverable amount once policy interactions were properly analyzed.

Case Study: How a Coverage Stacking Analysis Changed the Outcome of a Major Canadian Claim

The transformation of a contested insurance claim into a properly resolved matter often hinges on the methodical application of coverage stacking principles that many professionals overlook until confronted with a complex loss. Throughout the preceding lessons in this course, we have examined the theoretical foundations of policy stacking, the hierarchy of coverage, contribution clauses, and the interplay between primary and excess layers. This final lesson synthesizes those principles through an extended case study that demonstrates how a rigorous coverage stacking analysis fundamentally altered the trajectory of a significant Canadian claim, ultimately recovering millions of dollars that would otherwise have remained unrecovered due to incomplete analysis and jurisdictional assumptions.

The claim arose from events in late 2023 involving a mixed-use commercial and residential development in Calgary, Alberta, though the coverage implications extended across multiple provinces and engaged policies issued in British Columbia, Ontario, and Quebec. The development, which we shall refer to as the Westbrook Commons project, consisted of a twenty-two-storey residential tower, a connected six-storey commercial podium, and an underground parking structure serving both components. The project was developed by a consortium of three entities headquartered in different provinces, each carrying its own corporate insurance portfolio in addition to project-specific policies purchased for the development.

That’s the free preview

You’ve reached the end of what’s open to read. The rest of this lesson is part of a $149 course — purchasing unlocks it, or sign in if you already have access.