Dominion Bridge Company Limited v. Toronto General Insurance Company

Dominion Bridge Company Limited v. Toronto General Insurance Company

The Court held that where the insured has contractually assumed responsibility for the same loss, the policy exclusion for 'liability or obligation assumed by the insured under any contract or agreement' excludes indemnity even if the insured's liability is also tortious and 'imposed by law', following Andrews & George.

Citation
[1963] SCR 362
Parties
Plaintiff/appellant: Dominion Bridge Company Limited; Defendant/respondent: Toronto General Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 1963
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs
Legal Topics
Exclusion Clause, Contractor Liability, Indemnity, Concurrent Liability in Tort and Contract
Source Language
English
Insurance Contract Tort Law Exclusion Clause Contractor Liability Indemnity Concurrent Liability in Tort and Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dominion Bridge Company Limited

Plaintiff/appellant

Toronto General Insurance Company

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether an exclusion for 'liability or obligation assumed by the insured under any contract or agreement' in a contractors' property damage endorsement excludes liability that is tortious and 'imposed by law' when the insured also assumed that liability by contract
  2. 2 Whether 'liability imposed by law' and 'liability assumed under contract' can be treated as the same loss for purposes of an exclusion clause

Ratio Decidendi

The Court held that where the insured has contractually assumed responsibility for the same loss, the policy exclusion for 'liability or obligation assumed by the insured under any contract or agreement' excludes indemnity even if the insured's liability is also tortious and 'imposed by law', following Andrews & George.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs