The Coverage Law Practice Group
is composed of experienced lawyers from
the independent affiliated law firms that
comprise Canadian Litigation Counsel.
These lawyers and their firms are
available to work independently or,
where instructed, in collaboration with
one another in the increasingly complex
area of policy drafting, coverage opinion
work, and related coverage litigation or
other dispute resolution techniques.
From a legal perspective, there are
three elements to a coverage risk
management program:
The Coverage Group’s legal services
to the insurance and risk management
community include:
- drafting new or revised wordings
- coverage advice and analysis on claims
- representation on applications to
determine coverage or defend actions on the policy
- selection of appropriate experts and
consultants to advise on coverage related analysis (accountants,
engineers, industry underwriting professionals)
- advice on new jurisprudence, statutory
developments and other legal or
industry developments in the area of
insurance coverage
Coverage retainers must be sensitive
to legal developments across Canada and
in the leading U.S. jurisdictions. The
Coverage Group strives to stay attuned to
the latest in trends thus providing clients
with the very best in coverage advice and
representation.
First party coverage disputes between
insurer and policyholder arise in many
forms including those covering:
- commercial property & business
interruption/lost profits
- boiler & machinery
- priority of loss disputes between Property
and B&M carriers
- fidelity bond, surety and crime
- personal lines property
- Practice (e-commerce, product recall etc.)
Third party liability coverage issues
and disputes between insurer and
policyholder or between two or more
insurers or reinsurers include:
- duty to defend analysis
- allocation of defence costs and indemnity
payments
- trigger of coverage and multiple year
“long tail” analysis
- “other insurance” issues on co-primary
same coverage and different primary forms (CGL/E&O/D&O)
- single year and multi-year excess/umbrella
layer analysis
- bad faith handling and resolving conflict
of interest scenarios
- declaratory proceedings to determine
obligations to policyholders or as between insurers on the same
risk
- reinsurance treaty disputes on
aggregate and individual loss payments
The independent affiliated firms of
Canadian Litigation Counsel are uniquely
positioned to provide Canada-wide legal
services on an individual or joint retainer
basis for all or any elements of a coverage
risk management program, whether from
a policyholder, insurer or reinsurer
perspective.
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