The Life, Health & Disability 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 on the legal aspects associated with all issues dealing with life and disability insurance. Throughout this process, the law firms work with appropriate experts, investigation and surveillance teams, all of whom form an integral part of the program.

Coverage

Of primary concern is a determination of what is covered by a particular life insurance or disability policy. Since the independent affiliated law firms of Canadian Litigation Counsel specialize in providing insurance related services, they all have expertise in coverage issues and can provide advice on the following:

• analysis of policies with a view to determining what benefits are available to an insured under the policy
• fraud and misrepresentation by the insured;
• the level of disability
• pre-existing conditions
• subjective complaint claims, fibromyalgia, chronic fatigue syndrome, multiple chemical sensitivity
• causation
• policy interpretation
• ongoing advice directed to upgrading existing policy wordings.

Extra Contractual Claims

Of concern to life and disability carriers is the increase in the frequency of extra contractual claims and the potential for increased damage awards. CLC’s independent affiliated firms have lawyers with experience in the successful defence of such claims and can provide assistance in the following areas:

• breach of fiduciary duty
• fraud and misrepresentation claims against the insurer
• claims arising from investigation and surveillance
• interference with physician/patient relationships
• defamation
• invasion of privacy
• intentional infliction of emotional distress
• bad faith
• tortious interference with business relationships
• consequential damages.

Risk Management

Life and disability carriers must take a proactive approach in order to successfully control exposure, particularly in the area of extra contractual claims. Lawyers in CLC’s independent affiliated firms are committed to assisting their clients in the development of best practice claims handling and can provide advice, publications and seminars on the following topics:

• issues arising in respect of documentary production to insureds;
• exposure under bad faith claims;
• how to prepare the insurer representative in bad faith claims at examination for discovery and trial;
• fraud avoidance.