Lawyers in our insurance group advise insurers directly on a complex variety of legal matters including corporate organization and regulatory compliance, interpretation of policies, the provision of coverage opinions, and litigation of coverage disputes. Our insurance lawyers also deal extensively with investigations into fraudulent claims, arson and other deviant claims activity.
As well, our insurance lawyers carry on a very vigorous liability defence practice, together with strong casualty, life and disability defence practises. Principal areas of defence activity include CGL policies, professional negligence, products liability, directors and officers' coverage, municipal liability and construction surety policies.
Notably, our insurance group possesses demonstrated expertise in the defence of professional liability claims throughout Manitoba, an area in which our services are sought out by leading regional and national insurers.
Liability Insurance for Impacting Aboriginal and Treaty Rights
A forestry company is planning its next major project in a northern region of the province. It obtains the required permits and engages in what it believes to be consultation with Aboriginal communities in the affected region. Aboriginal leaders are informed of the project's scope and duration, and all signs point towards a mutually beneficial relationship in moving forward with the project. Two weeks into harvesting operations, the company is served with a Statement of Claim where an Aboriginal group is seeking an injunction on harvesting operations, the quashing of all forestry permits, and most alarmingly, substantial monetary compensation for impacting Aboriginal or Treaty rights. Will the litigation be successful? But there is a more immediate matter. Read more...
Lawsuits are common in the construction industry. When embarking on any major construction project, companies will often obtain insurance to protect themselves in the event of an accident (an event which is neither expected nor intended). However, on occasion, a claim arises in relation to a construction project where a company may not have the protection it believed it had in place. As a result, the company finds itself being met by the insurance company saying that the claim falls outside the policy, and the insurer saying it has no duty to defend the company in the lawsuit. . Read more...
Retention And Preservation of Insurance Policies
Storing historical information indefinitely represents a significant cost and inconvenience. However, documents relating to insurance coverage should be preserved at all costs, since lost or destroyed insurance records can have devastating results. Read more...
How Are Relationships Between Insurance Defence Counsel, Insurer and the Insured affected by Ethical Obligations and Coverage Disputes November 23, 2012 4:05 pm
Third party claims covered by liability insurance create a unique role for insurance defence counsel. It also creates unique relationships between insurer and insured. The purpose of this seminar is twofold. First, it is to address the legal ethical obligations of insurance defence counsel when appointed to defend a case. Who is the defence counsel's client? What obligations are owed to the client by the lawyer? What happens when an insured tells defence counsel something material to coverage (as opposed to the defence of the underlying claim)? What should defence counsel do-- disclose to all parties? withdraw without comment? Second, the purpose of this seminar is to go beyond legal ethics and look at how coverage disputes in third party liability coverage affect the relationship between insurer and insured. Read more...