Insurance Defence


Miller Thomson’s Insurance Defence lawyers are among the most prominent in their field, with experienced litigators in all major jurisdictions across Canada. We handle a variety of insurance litigation matters for numerous insurance carriers and represent our clients in all levels of courts and administrative tribunals across Canada, as well as in arbitration and mediation proceedings around the world.

Our Insurance Defence expertise and experience includes:

Road Maintenance and Design Liability: We represent Ontario’s Ministry of Transportation throughout the province in the defence of road liability claims arising from alleged negligence both in respect of road design and maintenance. We have represented the Ministry for more than 40 years and have great knowledge and depth with respect to all aspects of road liability claims.

Products Liability: Our lawyers regularly represent insurers in the defence of product liability claims. These claims involve damages associated with significant personal injury and property damage. For example, one lawyer is involved in representing an animal feed manufacturer in the defence of a claim seeking a multi-million dollar damage award relating to alleged deficiencies and contamination in a pig feed product. Additionally, our lawyers have been involved in the defence of product liability claims arising from toxic shock.

Construction Claims: Our lawyers have represented insurers in the defence of errors and omissions claims made against architects, engineers and construction contractors. For example, we have been involved in substantial litigation relating to defective condominium apartment buildings allegedly arising from negligence on the part of engineers, architects and contractors. Our lawyers have also been involved in the defence of subsidence claims.

Professional Negligence: Our lawyers regularly represent all areas of professional negligence defence, including architects, engineers, real estate agents, appraisers, brokers, medical professionals and accountants. We specialize in the defence of errors and omissions claims made against professionals of all types. One lawyer is involved in representing a brokerage firm in the defence of a multi-million dollar negligence claim which also involves alleged negligence on the part of a bank connected with the financing of the development of two large pieces of commercial property.

Personal Injury Claims: A prominent area of our insurance practice involves the defence of personal injury claims through tort actions and accident benefits claims. Several of our lawyers were successful in resolving a large and complex conspiracy action involving a number of insurers. The size of our Group enables us to provide service in insurance matters with lawyers who have particular expertise in the area needed. In addition, with the resources of a full service firm behind our group, we are able to draw upon additional expertise when necessary.

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