Insurance

Our Insurance Group advises insurers, brokers and insureds on all kinds of regulatory, coverage and liability matters. Regulatory work includes licensing and compliance issues with federal and provincial regulators, financial reporting, regulatory filings, Utility Commission hearings, drafting and securing approval for policy wording, and the handling of professional disciplinary matters before the Insurance Council and other governing bodies. Group members also provide counsel in various business transactions including construction projects, directors and officers' liability, and commercial leases.

Our Insurance Group has 17 members (including our paralegals) and handles a wide variety of insurance coverage assignments, including policy interpretation, enforcing denials and defending bad faith claims, guidance for handling of partially covered liability claims, co-insurance and fraud issues on property claims, life/disability claims and overlapping coverage and contribution issues between primary, excess and umbrella coverages. Liability assignments involve complex multi-party litigation, class actions, products liability, professional E&O claims, directors and officers liability, and excess/out-of-province auto claims.

We also have an experienced Alternative Dispute Resolution Group who act as arbitrators, mediators and appraisers in a wide variety of insurance disputes. Aggressive pursuit of ADR is one cornerstone of our group's pro-active file handling approach.

We are leaders in the provision of legal education to the insurance industry in Western Canada. In addition to the firm's monthly Insurance Bulletin, Insurable Interest, group members have written papers and manuals on everything from arson to waivers. As well, the group regularly participates as panelists at various Insurance Institute, Adjusters' and Brokers' Association seminars.

Recent assignments handled by our group include:

• Defence of building damage and business interruption claims arising out of the destruction by fire of a lumber plant.
• Arbitration of a coverage denial and "other insurance" dispute under an engineering firm's E&O policy.
• Defending corporate directors' liability for an environmental contamination claim.
• Acting for a broker in disciplinary and licensing proceedings before the Insurance Council.
• Drafting an MGA contract and policy wording for a specialty indemnity product being brought to market.
• Defending various class actions (breast implants, vanishing premiums, auto salvage deductibles, etc.).
• Successful appeal to the Supreme Court of Canada of an overlapping liability coverage dispute.
• The drafting of policy wording for a newly licensed personal lines insurer.
• Negotiating a file handling protocol between primary and excess auto insurers in BC.
• Subrogating numerous catastrophic fire losses.
• Defending and brokering settlement on a complex multi-party construction case.
• Successful defence of an excess insurer against a contribution and drop-down claim by the Insurance Corporation of BC (ICBC).
• Representing IBC in premium rating hearings before the BC Utilities Commission.
• Advising a captive insurer regarding run-off claims and procedures.
• Successful dismissal of a claim for nervous shock by a secondary victim.

Some of the clients we have had the privilege of serving include*:

• ACE INA
• Aviva Canada Inc.
• BCAA Insurance
• Canadian Direct Insurance (CDI)
• Chartis Insurance Company
• Chubb Insurance
• Economical Insurance
• Federated Insurance
• Geico Insurance
• Insurance Bureau of Canada
• Jevco Insurance
• Lloyd's of London
• Manulife
• Peace Hills Insurance
• Safeco Insurance
• Wawanesa Insurance

*Note: all clients have consented to being listed.

Please feel free to contact any member of our group for more information about the services we offer.