Managing Insurance Disputes and Claims in Canada 2022

Deborah Berlach
Stieber Berlach LLP

Gord McGuire
Adair Goldblatt Bieber LLP

Thomas Donnelly
Partner, Thomas Gold Pettingill LLP

• Overview of the key principles of interpretation, including some common challenges to watch out for
• Techniques for determining the parties’ intent
• Understanding the imbalance of negotiating power in the creation of the contract and tips for navigating them
• Comprehending when and why courts circumvent policy wording
• Strategies for becoming a better coverage lawyer by moving beyond case law

10:00 a.m.
Health Break

Covering commercial general liability, property, directors and officers and errors and omissions policies, an expert faculty will guide you through essential considerations, information and legal tools you need to effectively review, analyze and navigate each policy type, including the latest legal and practice updates for managing key risks and issues that may lead to disputes and claims.

Marcus Snowden
Principal, Snowden Law Professional Corp.

• How to read a garden variety vs broker manuscript CGL Policy – what you need before you start and how you deal with
  it once you have it
• Understanding the shifting burden of proof in coverage analysis: no matter which side you’re on, you eventually have one
• Working through “other insurance” issues: Does your CGL overlap or respond in priority to one or more other liability policies?
• Duty to Defend applications – evidentiary challenges and best practices including some thoughts on advocating for your policyholder or insurer client

11:00 a.m.
Health Break

Christopher Dunn
Partner, Dutton Brock LLP 

Natalie Leon
Partner, Forbes Chochla Leon LLP

• How to read a property policy – overview of key terms, players and logistics
• Who is an insured
  • Named insured
  • Loss payees
  • Mortgagee Clause
• Insuring Agreement
  • All-risks vs specified perils
  • What is “physical” damage
• Exclusions
  • Losses caused directly vs indirectly (Consolidated Bathurst)
  • Faulty design/workmanship exclusion
  • Intentional acts (recent legislative changes re: innocent co-insured)
• Quantification of the loss
  • Replacement cost vs actual cash value
  • Guaranteed replacement cost coverage
  • Materials of like kind and quality
• Conditions
• Material change in the risk
  • Fraud
  • Limitation period

12:00 p.m.
Lunch Break

Heather Gray
Partner, Clyde & Co Canada LLP

Catherine Tyndale
Senior Counsel, Clyde & Co Canada LLP

• Brief history of D&O coverage
• The Insuring Agreements – Side A, B and C
• What is a claim vs a circumstance?
• Understanding coverage for “Wrongful Acts”
• Importance of the Insured’s capacity
• Duty to Defend vs Reimbursement policies
• A look at some common exclusions (Insured vs Insured exclusion/Personal Profit exclusions)

1:30 p.m.
Health Break

Jamie Macdonald
Partner, Norton Rose Fulbright LLP

• How to read an E&O policy – identifying common coverages and exclusions
• Reporting claims under an E&O policy – special considerations when dealing with claims-made-and-reported policies vs occurrence policies
• Settling claims covered by E&O policies and working with Consent to Settle clauses
• Dealing with cyber claims under E&O policies

2:30 p.m.
Health Break

Deepshikha Dutt
Partner, Dentons Canada LLP

Andrea Sanche
Partner, Ricketts Harris LLP 

• Overview of the key principles and objectives of the duty to defend and the duty to indemnify
• The duty to defend distinguished from the duty to indemnify
• Tips for avoiding common challenges and pitfalls
• Practical considerations for navigating the lawyer’s role/duty and for effective communication
• Impact on denial of coverage and reservation of rights
• Impact on allocation issues between insurers

3:40 p.m.
Health Break 

John Nicholl
Partner, Clyde & Co LLP

Using the recent Loblaw decision as a guide, you will review key ethical and professional obligations, and get practical information on how to navigate through potential minefields of liability.

• Understanding when and why things go wrong
• Summary of key ethical and professionalism obligations, what they really mean and why they’re so important
•  “Lessons learned” from Loblaw Companies: navigating the tripartite relationship and other obligations
• Overview of the various perspectives, roles and obligations of all stakeholders and parties
• Where do we go from here? Strategies for tiptoeing through the minefield while the appeal is pending