Additional Insured & Primary/Excess Insurance

In Williams (Guardian ad litem of) v. B.C. Conference of the Mennonite Brethren Churches, 2010 BCSC 791,an insurance decision related to the collapse of a floor during a Christian rock concert at a Church in Abbotsford BC, Branch MacMaster, acting on behalf of the Church and a Church insurer, successfully secured additional insurance coverage under the concert promoter’s insurance policy. 

At issue was whether the Church (among others) were added as “additional insureds” to the promoter’s liability policy by virtue of a certificate of insurance issued by the promoter’s insurance broker. 

Branch MacMaster lawyers Jim MacMaster and Paul Miller succeeded in proving that the insurance company gave the broker implied authority to issue the certificate, and that the certificate formed part of the Policy. 

Additionally, the Court found that the promoter’s insurance policy provided coverage primary to other policies that might  apply to the collapse.