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Fixers

Dismantling Barriers, Building Solutions.

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Insurance

Key Contacts

Overview

We also act as legal counsel to the insurance industry. We have assisted insurers in developing policy wordings and acted as their general counsel in a variety of coverage issues at all levels of the Courts in Canada.

The Goal of the Insurance Group

Our goal is to provide our clients with efficient and cost-effective solutions to insurance claims.

In the case of policy wordings, it is the goal of our group to provide underwriters with clear and concise policy wordings which avoid the shortcomings and pitfalls exemplified by the case law on insurance coverage issues. With over thirty-five years of experience in this area, we are able to assist underwriters in develop­ing current and appropriate policy wordings.

In the case of coverage issues, our innovative approach has led to the design of alternative dispute resolution mechanisms for a number of carriers, realizing our goal of providing insurers with efficient and cost-effective ways of resolving coverage disputes and bad faith allegations.

Where issues must be resolved through the courts, we advise clients on the potential ramifications of court decisions and draw on our litigation background to ensure optimal representation of the case before the court.

Examples of Activities

We have defended a broad range of property and casualty claims for both the private insurance sector and the Insurance Corporation of British Columbia.

We have a long-standing relation­ship with ICBC and numerous do­mestic and international insurance market insurers and continue to provide the insurance industry with skilled and cost-effective counsel. We also provide corporate advice to insurers.

Professional Liability

We have assisted a major national carrier in developing professional liability policy wordings for archi­tects, engineers and accountants and have provided coverage opinions and counsel in coverage disputes in these areas.

Directors’ and Officers’ Liability

We have been engaged as control counsel for D&O carriers to address coverage issues and to ensure that claims against officers and directors are dealt with quickly and effectively.

Municipal Liability

Our senior counsel, John Singleton, K.C., is General Counsel to the Municipal In­surance Association of B.C., which has involved the firm in providing advice on coverage issues and policy wordings, as well as acting as counsel on liability and coverage issues on behalf of MIA’s 159 local government members and their Boards and Commissions. We also represent municipali­ties in liability actions arising out of code enforcement and fire-related losses.

Builders’ Risk

We were involved in one of the first cases which determined the meaning and breadth of the faulty workmanship, materials and design exclusion in builders risk policies and have ongoing involvement in related litigation.

Insurance Fraud

We act for insurers in matters related to insurance fraud, including providing coverage advice, defending the denial of fraudulent claims and advanc­ing claims on behalf of insur­ers against insureds and third party service providers.

Fire Losses

We have extensive experience in all aspects of fire-related claims. Our fire loss group is able to manage fire litigation from the investigation phase through to case preparation and presentation in a focused and efficient manner. We provide coverage advice as well as represent insurers when their direct interests are involved, such as claims of bad faith and subrogation.

Environmental Liability

We have assisted insurers in developing environmental impairment liability wordings and represent them in both underwriting and claims activi­ties under this cover.

Class Actions

Our lawyers have acted for litigants in a number of high profile class actions in cases involving products liability, financial services and insurance issues.

General Liability

We have represented a con­sortium of general liability carriers in litigation which determined the duty of gen­eral liability insurers to defend cases alleging inherent defects in real property.

Alternative Dispute Resolution

All of our lawyers are trained in alternative dispute resolution techniques, including assess­ment of the most appropriate time to initiate and press for the resolution of claims.

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