Lloyd’s of London and International Insurance

We understand the mechanics of insurance – the need to assess and manage risk and deal with it effectively when claims arise. Our Lloyd’s of London and International Insurance Practice is one of the largest independent insurance practices in Canada, offering a full range of services to brokers, insurers, captive companies and re-insurers, as well as self-administering deductible programs. Our Canadian Lloyd’s of London and International Insurance Practice provides policy construction, coverage and defence services involving professional indemnity, product liability, property, financial product and medical insurance.

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Fort McMurray Fire Loss Update: The “Beast” – Its Cost to the Insurance Industry and the Need for Greater Risk Management

Fort McMurray, Alberta is a northern urban community within the Regional Municipality of Wood Buffalo. It is situated in the middle of the Athabasca oil sands and is nestled in a valley surrounded by boreal forest. With a population of...

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Looking Through a Dirty Window: Builders’ Risk Policies and the “Faulty Workmanship” Exclusion

On March 30, 2016, the Supreme Court of Canada heard argument in the appeal of the Alberta Court of Appeal’s decision in Ledcor v Northbridge Indemnity Insurance Company.   In doing so, the SCC was asked to consider, among other things,...

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Ontario Limitations: Waiting to Complete Examinations for Discovery to Identify Potential Tortfeasors?

In Galota v. Festival Hall Developments Ltd. et al., 2015 ONSC 6177 (“Galota”), the Ontario Superior Court of Justice pushed the boundaries of discoverability in the context of limitation periods.  While the case addresses a personal injury claim, the implications...

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Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules

Costs are traditionally awarded to compensate victorious litigants for expenses incurred in prosecuting or defending a legal claim.  The rules governing costs awards in British Columbia will be substantially amended as of July 1, 2016.  These amendments will affect costs...

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The Latest Word from the Ontario Court of Appeal on the Insurance Tripartite Relationship: a Cautionary Reminder

The general concept of the tripartite relationship is a familiar one to those in the insurance industry:  An insurer retains a  lawyer to represent its insured in a civil proceeding.  The lawyer’s primary duty and loyalty is to the insured,...

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Record Keeping: Document Retention Recommendations for Building Professionals

Introduction Practically speaking, it is often inconvenient and costly for building professionals to keep project files; understandably, they do not wish to retain files any longer than necessary.  In British Columbia, the provisions of the Limitation Act, S.B.C. 2012, c....

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Director’s Liability for Corporate Negligence

Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment.  Directors are often named as defendants in claims related to the negligence of the companies they oversee. Under Canadian law,...

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Third Party Notices Must be Filed Fast: BC Court Pronounces that Expediency does not Trump Notices

Fault in construction claims is rarely black or white.  Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added. In British Columbia, the proper way to...

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Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals

Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct.  For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged...

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Precision Plating Part II: British Columbia Court of Appeal restores effect of Absolute Pollution Exclusion

In 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly “absolute” pollution exclusion was ambiguous in the context of a fire loss.  This decision resulted in significant...

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